Opportunities, not obstacles

UPC overview

Our team of over 50 UPC Representatives has had active experience before the UPC from its earliest stages, securing critical wins for multinational clients in collaboration with international litigation teams. This success builds on our decades of advocacy before the EPO Opposition Divisions and Boards of Appeal, where we maintain an enviable track record.

If your business is considering bringing or defending an action before the UPC, contact one of our Boult UPC Representatives—we are here to help you succeed. Our UPC team is among the most accomplished in Europe, ready to assist clients across all sectors with our legal and technical expertise.

We don’t limit our clients to using one in-house team. Instead, we maintain flexibility by working with different lawyers across Europe, where needed, to best suit the specific requirements of each case. We will build a tailored team with you to ensure the best possible outcome for your business. Our UPC team combines the expertise of professionals in Germany and the UK. Our clients value our pragmatic, forward-thinking advice, helping them to navigate this new legal landscape. Stay up to date with the latest insights from our team here.

FAQs:

What is the UPC?

The Unified Patent Court (UPC) is a common patent court for most EU Member States. The UPC offers patent proprietors a powerful forum for patent litigation throughout the EU – allowing cases to be heard quickly and avoiding the expense of launching individual actions in different Member States. The UPC comprises experienced patent judges from all participating Member States of the EU.

Which countries will fall under the UPC jurisdiction?

The territorial scope of each Unitary Patent is defined by the ratification status of the UPC Agreement on the date that the EPO registers that patent for unitary effect. An up-to-date list of EU Member States that have ratified the UPCA can be found on the UPC website here. The ratified states are those shown as “in force”.

How does the UPC affect my European patents and applications?

By default, all European patents fall under the jurisdiction of the UPC. During the current transitional period, it is possible to opt out European patents (but not Unitary Patents) from the jurisdiction of the UPC.

What is a UPC opt-out?

Opting-out removes a European patent from the jurisdiction of the UPC so that the European patent instead remains under the jurisdiction of the relevant national courts. It is only possible to opt out during the current transitional period. It is not possible to opt out a Unitary Patent from the jurisdiction of the UPC – Unitary Patents fall under the exclusive jurisdiction of the UPC by definition.

Does the UPC affect EPO oppositions?

It is possible to oppose a European patent centrally at the European Patent Office (EPO) so long as the opposition is filed within 9 months of the date of grant of the patent. If successful, an EPO opposition can lead to revocation of the European patent in its entirety (i.e. across all validation countries). The UPC does not alter this. It is still possible to file an EPO opposition and indeed an EPO opposition can be run in parallel to a UPC action. The benefit of the UPC is that is provides a powerful additional choice of forum. This will be of particular interest in cases where the 9-month EPO opposition window has already passed. EPO oppositions still remain a highly cost-efficient tool when looking to invalidate competitor patents.

What is a Unitary Patent?

The term “Unitary Patent” is shorthand for “a European patent with unitary effect”. In other words, a Unitary Patent is a single, unitary patent right which covers multiple EU Member States.

How do I obtain a Unitary Patent?

A Unitary Patent is obtained by filing a request for unitary effect at the EPO within one month of grant of a European patent.

Which countries are covered by a Unitary Patent?

A Unitary Patent has a broad geographical scope, covering all Member States of the European Union (EU) that have ratified the Unified Patent Court Agreement (UPCA) at the date of registration of the request for unitary effect. An up-to-date list of EU Member States that have ratified the UPCA can be found on the UPC website here. The ratified states are those shown as “in force”.

What are the impacts in the UK?

In short, the UK will be generally unaffected by the new UPC and Unitary Patents. Since the UK is not part of the EU, the UK is not one of the countries covered by a Unitary Patent. Nonetheless, it remains possible to obtain UK patent protection via a European patent application filed at the European Patent Office (EPO). This simply involves validating a granted European patent in the UK, just as we do now, so business as usual! In addition, there will be no change in terms of litigation of European patents in the UK. The UK courts will continue to have jurisdiction over European patents that have been validated in the UK. The UK is not the only country in this position – there are several other EPC Contracting States which are not part of the EU. These are Albania, Switzerland, Iceland, Liechtenstein, Monaco, North Macedonia, Norway, Serbia, San Marino, and Turkey. Therefore, just like for the UK, these countries will not be covered by Unitary Patents, and their national courts will retain jurisdiction over locally-validated European patents.

UPC toolkit

Notice: Registering your European patent for unitary effect

This note provides important information that patent proprietors should be aware of before choosing to register a European patent to have unitary effect in order to obtain a Unitary Patent (UP).

Unitary Patents and the Unified Patent Court

A new system for patent protection and enforcement in Europe is on the horizon. In June 2023 the Unitary Patent (UP) will arrive bringing with it new options for patent proprietors to protect their inventions and enforce their patents in Europe.

Supplementary Protection Certificates and the Unitary Patent/Unified Patent Court; is a Unitary SPC also on the way?

Supplementary Protection Certificates (SPCs) are a sui generis IP right available in Europe for the protection of medicinal and plant protection products.