Expected to come into full force in 2017, the UPC and the European patent with unitary effect ("Unitary Patent") will introduce the most radical changes to patent litigation in Europe for forty years. Under this new system, it will be possible to enforce European patents and Unitary Patents in one set of proceedings, in the 25 contracting EU Member States of the UPC, simultaneously. These patents can also be revoked in one action in all of these Member States. The UPC is thus intended to improve upon the existing European system, in which patents can only be enforced or revoked in national courts – often resulting in two or more parallel actions in different countries, with the associated legal costs and the possibility of inconsistent decisions.

Progress update

A provisional period in which existing, granted European patents and applications may be opted-out from the UPC is expected to start in late 2016, three to four months before the court comes into full effect. However, before the court and the provisional period can begin, 13 contracting Member States must ratify the UPC Agreement, including France, Germany and the UK. So far, there have been 9 ratifications, including France. In other recent developments:

  • 9 May 2016 – The UPC Preparatory Committee announces the start of the applications procedure for legally and technically qualified judges of the court.
  • 6 May 2016 – Italy approves draft legislation allowing the process of ratification of the UPC to start.
  • 29 February 2016 – The UPC Preparatory Committee publishes the agreed Rules on Court fees and recoverable costs of the court. Download the full details
  • 18 February 2016 – The UPC Preparatory Committee agrees the Rules on Mediation for use in the Patent Mediation and Arbitration Centre. The Rules
  • 16 February 2016 – Germany formally starts the UPC ratification process and is expected to finalise this towards the end of 2016.

Find more information on the Unified Patent Court (UPC)

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