UPC insights

UPC actions involving pending European patent applications

The UPC’s competence over pending European patent applications remains unclear - but the impact on opt-outs could be significant. We explore risks, rules and practical takeaways for applicants.

Debunking common myths about the UPC and UPs: some basics and not-so-basics

The UPC has been open for two years. We bust common myths and misconceptions about the Unified Patent Court and Unitary Patent system, with practical insights and updates from our experts.

Use of the EPO’s problem-and-solution approach for assessing inventive step at the UPC

The UPC’s Court of First Instance confirms the EPO’s problem-and-solution approach as the main method for assessing inventive step, ensuring consistency and legal certainty across Europe.

No time restriction on competence of the UPC

The UPC now has confirmed authority over pre-UPCA infringements, even during opt-out periods. This landmark decision reshapes jurisdiction expectations.

UPC’s first annual report – a brief overview

The Unified Patent Court (UPC) has recently produced its first annual report, for 2024. The report provides an overview of the Court,

UPC infringement action – DO NOT delay requesting provisional measures

The UPC ruling highlights the importance of timely action for provisional measures, stressing quick evidence gathering and adherence to procedural rules for patent claims.

The UPCs widening jurisdiction over European patents

A recent decision of the Paris Local Division of the UPC has confirmed that where a defendant is domiciled in the EU

Unitary Patent (UP) translation requirements

When requesting unitary effect for a granted European patent, the request for unitary effect must also contain a translation of the European patent. In

UPC representation – crafting the best team

The Unified Patent Court (UPC) is still in its early days, but as engagement continues to increase across a wide range of

UPC CFI demonstrates willingness to coordinate timelines with parallel EPO appeal proceedings

Brief summary: For the purpose of overall procedural efficiency, the UPC’s Court of First Instance has granted an extension to the deadline

UPC stretches its ‘long arms’

A recent decision from the Düsseldorf Division of the Unified Patent Court (UPC) has held that the Unified Patent Court has ‘long

The UPC in numbers – June 2023 to December 2024

The Unified Patent Court (UPC) has recently released its latest update on the case load of the Court* since it commenced operations

UPC decides on first doctrine of equivalents case

The first Unified Patent Court (UPC) decision (Plant-e v. Arkyne) discussing the doctrine of equivalents has recently published. In the decision, the

UPC Court of Appeal clarifies when Opt-Outs can be validly withdrawn

Summary In a decision dated 12 November 2024 the Court of Appeal (“CoA”) of the Unified Patent Court has clarified that Art.

AIPLA’s Spring Meeting

Partner, Susi Fish will be attending the Spring Meeting of the American Intellectual Property Law Association in New Orleans between 16 and