Paris gets unitary patent central court, London and Munich to hear sector-specific cases

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Paris gets unitary patent central court, London and Munich to hear sector-specific cases

EU member states have finally agreed where the courts for a new unitary patent system in Europe are to be based. Paris is to be home to the central division while two so-called thematic clusters are to be set up in the UK and Germany: Munich will host mechanical engineering cases and London chemistry (including pharmaceuticals) and human necessities

The deal was thrashed out at today’s meeting of the EU Council, made up of heads of governments of member states.

There had been speculation earlier in the day that no deal would be reached after Chancellor Merkel, Prime Minister Cameron and President Hollande clashed over the location of the central division.

But a document detailing the conclusions of the meeting, issued by the Council, said that Paris will host the Central Division of the Court of First Instance of the Unified Patent Court (UPC) as well as the office of the president of the Court of First Instance. The first president will come from France.

The statement went on to say that thematic clusters will be set up in two sections of the central division. One, in London, will deal with patent disputes related to chemistry (including pharmaceuticals) and human necessities while the other, in Munich, will deal with disputes over mechanical engineering cases.

The Council described the three-way split as being prompted by “the highly specialised nature of patent litigation and the need to maintain high quality standards”. Seasoned EU observers, however, may believe it had more to do with backroom deals between the leaders of three of the most powerful countries in the EU.

In an important detail of the deal, the Council document says it “suggests” deleting controversial articles of the proposed Regulation which were set to give the Court of Justice of the EU the right to hear appeals relating to substantive patent law issues.

For many critics of the unitary patent package, the inclusion of these Articles 6-8 would add time and uncertainty to litigation brought under the new system. However, removing them raises questions about the constitutionality of any agreement to which the EU itself is a party.

It remains to be seen whether these articles will remain in the agreement and what provisions, if any, will replace them.

The Council also provided limited details about the procedures for bringing unitary patent cases before the courts.

It said member states had agreed that parties will have the choice of bringing an infringement action before the central division is the defendant is based outside the EU. If a revocation action is already pending before the central division the patent holder should have the chance to bring an infringement action to the central division.

Defendants will not be able to request a transfer of an infringement case from a local division to the central division if the defendant is based in the EU.

Managing IP will be carrying more details about the unitary patent package deal and reactions to it later today.

more from across site and SHARED ros bottom lb

More from across our site

Public figures are turning to trademark protection to combat the threat of AI deepfakes and are monetising their brand through licensing deals, a trend that law firms are keen to capitalise on
News of Avanci Video signing its first video licence and a win for patent innovators in Australia were also among the top talking points
Tom Melsheimer, part of a nine-partner team to join King & Spalding from Winston & Strawn, says the move reflects Texas’s appeal as a venue for high-stakes patent litigation
AI patents and dairy trademarks are at the centre of two judgments to be handed down next week
Jennifer Che explains how taking on the managing director role at her firm has offered a new perspective, and why Hong Kong is seeing a life sciences boom
AG Barr acquires drinks makers Fentimans and Frobishers, in deals worth more than £50m in total
Tarun Khurana at Khurana & Khurana says corporates must take the lead if patent filing activity is to truly translate into innovation
Michael Moore, head of legal at Glean Technologies, discusses how in-house IP teams can use AI while protecting enforceability
Counsel for SEP owners and implementers are keeping an eye on the case, which could help shape patent enforcement strategy for years to come
Jacob Schroeder explains how he and his team secured victory for Promptu in a long-running patent infringement battle with Comcast
Gift this article