The European Unitary Patent system continues to evolve rapidly. Recent practical experience and latest decisions are increasingly giving rise to strategic questions for companies.
Dr. Julia Traumann and Dr. Markus Grammel have already published an introductory article consisting of two parts in the journal pharmind, covering both the fundamentals of the system (4/2025 [1]) and early decisions of the Unified Patent Court in the pharmaceutical and life sciences sector (6/2025 [2]).
In the latest issue of pharmind (03/2026), the authors continue their analysis, focusing on recent developments and their practical implications.
Focus of the current article
The article highlights selected developments from recent months, with an emphasis on strategic considerations and their growing importance. Following the initial phase and the emergence of a developing body of case law, the key question is how companies can adapt their patent strategies. In particular, the authors examine the interplay between unitary patents, classic European patents and national rights, as well as how these can be used strategically in different scenarios.
Key topics for practice
The authors address key developments in the case law of the Unified Patent Court. These include issues of claim interpretation, issues of patent infringement, particularly in relation to second medical use claims, and the requirements for a risk of imminent infringement. These developments show that the unitary patent system is becoming increasingly established, while also creating new opportunities and risks.
Relevance for companies
For companies, particularly in the pharmaceutical and life sciences sector, it remains essential to closely monitor ongoing developments in case law and practice. At the same time, flexible and forward-looking patent strategies are becoming ever more important.