The Unified Patent Court (UPC) has officially opened today, Thursday 1st June 2023, offering a number of new opportunities for both patentees and other parties. This brings to an end the three-month sunrise period, introducing a new era of patent law in Europe.

The Unified Patent Court (UPC) has exclusive jurisdiction over Unitary Patents (UPs), providing a single forum for pan-European infringement and revocation actions. The UPC’s jurisdiction also extends to all classic European patents (EPs) already granted by the EPO, unless an opt-out is filed. An opt-out keeps the EP in the classic system, in which litigation must occur state-by-state in the national courts.

The UPC is likely to be an attractive forum for parties who missed the EPO opposition period or patentees who want a single decision on enforcement across several participating Member States.

Many commentators anticipate that UPC actions will commence from its very first day of operation.

Support from the Carpmaels team

We are one of the few firms that can use the same team to handle parallel disputes in the EPO, UPC and UK courts, while also coordinating national actions across Europe – giving our clients a real edge in pan-European actions. We are unique in our ability to offer a truly integrated service, managing our clients’ intellectual property from inception to litigation, as such, we are perfectly positioned to best represent our clients in the UPC.

Our mixed teams of European patent attorneys and litigators can advise you on how best to use this new court, as over 70 of our litigators and patent attorneys have full UPC representation rights as European Patent Litigators. Feel free to reach out to your usual contact for any UPC related queries. Our team is here to answer any questions you may have on substantive UPC issues, as well as on practicalities surrounding opt out requests and UPs.