Spotlight on The Unified Patent Court (UPC)

The Unified Patent Court provides a new venue for patent litigation in Europe. The opening of the UPC in June 2023 marked the realisation of an ambition to unify European patent enforcement that dated back almost 50 years. It deals with disputes related to both unitary patents and conventional European patents (unless they have been opted out).

At Mewburn Ellis our attorneys and litigators are perfectly positioned to handle UPC matters within the wider context of your European IP strategy. Our world class team of German and UK practitioners understands the historic diversity of the European litigation landscape and can adopt a variety of approaches when running a case before the UPC. 

With our experience of IP litigation at the national courts alongside our formidable record in EPO opposition proceedings we efficiently manage coordinated and cohesive parallel multi-jurisdictional actions throughout Europe. We combine deep technical knowledge with a sharp focus on commercial outcomes, offering a fresh perspective that challenges the status quo.

Member States and the locations of the courts

The countries signed up to the UPC have all agreed to a gradual transfer of jurisdiction over European patents and SPCs from their national courts to a single, centralised court.

This should reduce the amount of parallel litigation and increase legal certainty, since decisions on infringement or validity of European patents will be made by a single court and will then have effect in all UPC member states.

The national courts in the individual countries will continue to have jurisdiction over national patents, (i.e. granted by the national patent offices, not the EPO).

The first instance Court is split into Local Division Courts (set up by each Contracting Member States or a group of them) as well as three Central Division Courts. In general, the Central Division will be responsible for most cases relating to validity, whereas infringement actions (and invalidity counterclaims) will generally occur in the local divisions.

The Central Division has seats in Paris and Munich and Milan.

The Court of Appeal for the UPC is situated in Luxembourg.

 

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UPC Weekly

We are leading the way and guiding our clients through this new era of European patent litigation as the UPC redefines the landscape.  

Our UPC Weekly blog provides commentary on decisions made, lessons learned and trends as they begin to emerge.

Each week we report on the news and case law from the UPC, keeping up to date with every single UPC decision and order so that you don’t have to!

 

Our weekly blogs are categorised into 4 sections to help readers find what they need.

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1. Procedure

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2. Substantive

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3. Provisional Measures

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4. News

CHALLENGING PATENTS AND OTHER CLEARANCE ACTIONS IN EUROPE

Find out more about post-grant defensive options including UPC protective letters, UKIPO non-binding infringement opinions, and UPC or national court declarations of non-infringement (DNIs).  

Our brochure also covers pre-grant options including third-party observations at the EPO, UKIPO, German Patent Office (DPMA), and at the World IP Office (WIPO).

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Read our UPC Blogs 

UPC Weekly - Alexion v Samsung & Amgen – Patentee’s attempted U-turn on claim interpretation foiled by UPC Court of Appeal

UPC Weekly - Alexion v Samsung & Amgen – Patentee’s attempted U-turn on claim interpretation foiled by UPC Court of Appeal

by Eliot Ward

2025 Week 2 Tailoring one’s claim interpretation for the jurisdiction at hand can be a canny way of maximizing your patent’s footprint. You can argue a narrow interpretation during grant and validity ...

UPC Weekly - UPC transparency by numbers

UPC Weekly - UPC transparency by numbers

by Matthew Naylor

2025 Week 1 How easy is it to get hold of documents from UPC cases? The easy answer “it depends” is not very helpful. This week we weigh up all of the cases to date where public access to the UPC ...

UPC Weekly - Pay to play at the UPC

UPC Weekly - Pay to play at the UPC

by Matthew Naylor

2024 Week 52 Both Apple and Google have recently succeeded in persuading the UPC Local Division Düsseldorf to order Ona Patents SL (which describes itself as a “patent monetization partner”) to ...

UPC Weekly - UPC gets tough with penalty payment orders

UPC Weekly - UPC gets tough with penalty payment orders

by Matthew Naylor

2024 Week 51 Great – the UPC has just decided that your patent is valid and infringed. You get an injunction against the infringer. But they are dragging their heels and trying not to comply. Now ...

UPC Weekly - The 9 second rule at the UPC

UPC Weekly - The 9 second rule at the UPC

by Matthew Naylor

2024 Week 50 Does it matter who gets to the doors of the UPC first? Does it matter if you get there too early? The UPC Central Division Milan has been exploring these basic questions in Pfizer v ...

UPC Weekly - Very appealing – preliminary injunction overturned

UPC Weekly - Very appealing – preliminary injunction overturned

by Matthew Naylor

2024 Week 49 SharkNinja have managed to persuade the UPC Court of Appeal to overturn a preliminary injunction awarded to Dyson. We investigate what made the difference in the appeal and consider what ...

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Useful Resources

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Unitary Patents Explained

Unitary Patents make it possible to get patent protection across those countries participating in the UP scheme by submitting a single request to the EPO, making the procedure simpler and more cost effective for applicants. Need more help?  Talk to our experts who can guide you through your options. 

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Oppositions & Appeals

Achieving success in oppositions and appeals is critical for any innovation-orientated business seeking commercial advantage and growth. We have an excellent track record handling offensive and defensive patent and trade mark oppositions, appeals and cancellations both in the UK and Europe and our team make formidable adversaries.

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IP Litigation & Disputes

If a person is infringing your IP, or if you need to defend against such allegations, we can help. We deal holistically with IP disputes. This involves experience and lateral pragmatic thinking to develop and deliver a range of different options and strategies to maximise your outcomes.

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Not sure who to talk to?

At Mewburn Ellis we are strong supporters of the UPC and have a large number of UPC representatives with practical experience of the system. Handling actions at the UPC is a key part of our wider Litigation, Post-Grant Proceedings and Oppositions practice and we approach all disputes with a heavy focus on commercial objectives and European-wide strategy.

Please get in touch and I'll be happy to help.

Sean Jauss, Partner, Lawyer, Head of Legal Services
sean.jauss@mewburn.com

 

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Mewburn Ellis

FORWARD MAGAZINE

Mewburn Ellis Forward is a biannual publication that celebrates the best of innovation and exploration. Through its pages we hope to inform and entertain, but also to encourage discussion about the most compelling developments taking place in the scientific and entrepreneurial world. Along the way, we’ll engage with the IP challenges that international organisations face every day.