A new system for protecting and enforcing patents in Europe has started from June 1, 2023. This new system includes the Unitary Patent (UP) and the Unified Patent Court (UPC).
UP, a European patent with unitary effect, provides protection in participating EU countries by submitting a single request to the EPO. The UPC is a one-stop shop for enforcing patents (both Unitary Patents and European Patents) instead of enforcing by means of several parallel proceedings in the participating EU countries.
This new system has introduced unprecedented changes to the way patents are protected and litigated in Europe.
In the following, we summarize for you some key information on the UPC and UP system, and along the way, address how these may have implications in your patent filing and litigation strategies.
While the assessment of the inventive step by the UPC divisions seemed to rely more and more on principles of the problem solution approach of the EPO, the CD Paris has now opted for a more holistic...
Summary: The Local Division weighs up the interests of both sides and orders inspection after handover of the attacked embodiment outside the trade fair stand in order to protect the opponent's...
Für den kürzlich von „Chambers and Partners“ veröffentlichten „The Unified Patent Court 2025 Guide“ haben Dr. Julia Traumann und Dr. Ulrich Blumenröder zwei Kapitel verfasst. Das eine Kapitel...
Zwei Jahre nach der offiziellen Eröffnung des Einheitlichen Patentgerichts (EPG) am 1. Juni 2023 zeigt eine detaillierte Analyse der IP-Kanzlei Grünecker, wie das neue Gericht grundlegend die...
The Local Division Düsseldorf is the first division of the UPC issuing a decision on the infringement of second medical use claims. In its landmark decision, it indicates the legal principles to...
A new European patent system – namely, a European patent with unitary effect (Unitary Patent) and a single patent enforcement system (Unified Patent Court) with divisions located throughout Europe –...
Jurisdictions of the UPC: The UPC has exclusive jurisdiction over all Unitary Patents. However, for all national validations of European patents which have not opted out of the UPC, the UPC shares…
All Unitary Patents (UP) issued by the EPO is subject to the jurisdiction of the Unified Patent Court (UPC). Enforcement of the UP is thereby possible in all UPC member states by means of a single...
The application process for UPs is exactly the same as for classical EP patents. At the time of grant of the EP patent, the applicant may request unitary protection in regard to UPC countries...
The original intention was that the UP shall cover ALL of the 27 EU Member Countries. This may still be the case in the future. However, as of today, the 18 countries participating in the UPC system...