Latest draft of Unified Patent Court rules released

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

Latest draft of Unified Patent Court rules released

The group of patent judges and practitioners in charge of drawing up the rules of procedure for the Unified Patent Court has published its latest draft, together with a summary of the changes and the rationale for them

The Expert Group, chaired by Kevin Mooney, says that the 16th draft reflects the responses the group received to the latest round of consultations, which closed in October.

The Group has also published a summary of the changes it has proposed, explaining why its members rejected or accepted recommendations for each change.

The Legal Group of the Preparatory Committee, chaired by Germany’s Johannes Karcher, will now consider the draft set of rules at the level of participating EU member states. It plans to hold a hearing later this year on the suggested amendments to the text. The hearing is expected to be in September or October.

The publication of the latest draft comes a week after a group of technology companies wrote an open letter calling for additional “judicial guidance” on bifurcation and injunctions.

The 19 signatory companies and associations, many of whom operate in the electronics and computing sectors, are particularly concerned that troll-like patent owners could abuse the new UPC to block the sale of products based on dubious patents.

On this issue, the Expert Group notes that Intel claimed that Rule 211 of the earlier draft “provides too little guidance on how to exercise discretion to grant provisional relief” and is “concerned that different local and/or regional courts will adopt divergent approaches”.

In response, the Group says it has agreed to reword Rule 211.3 to incorporate text based on Article 62(2) to state “…the Court shall in the exercise of its discretion weigh up the interests of the parties and, in particular, take into account the potential harm for either of the parties resulting from the granting or the refusal of the injunction.”

The Group says it has also agreed that the Court should have regard to unreasonable delay when it comes to granting injunctions.

You can read more about the next steps for setting up the UPC, including the appointment of judges, here.

more from across site and SHARED ros bottom lb

More from across our site

Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Tech leads at three IP service groups discuss why firms need to move away from off-the-shelf AI products and adopt custom solutions
IP firms say they have been educating some clients on AI use, with ‘knowledge-sharing’ becoming more prevalent
As the US patent system tilts further toward favouring patent owners, firms with a strong patentee focus can get ahead of the game
Amanda Yang and Rachel Tan at Rouse and Landy Jiang at Lusheng Law Firm provide an overview of the draft amendments to China’s trademark law
News of EIP launching an AI platform and a trade secret blow for TCS in the US were also among the top talking points
Gift this article