Getting ready for the UPC and the unitary patent

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Getting ready for the UPC and the unitary patent

Sponsored by

inspicos-400px recrop.jpg
european-union-6405066.jpg

The European patent system will undergo wholesale reform in June 2023. Jakob Pade Frederiksen of Inspicos explains what the changes mean for proprietors and applicants

The most significant legislative change in the European patent landscape becomes effective on June 1 2023.

From that date, the newly established Unified Patent Court (UPC) will have exclusive jurisdiction over infringement and revocation actions in respect of European patents, including nationally validated patents and future patents with unitary effect.

Proprietors

Under Article 83 of the Unified Patent Court Agreement (UPCA), proprietors of European nationally validated patents may, however, opt out from the exclusive jurisdiction of the UPC, unless an action has already been brought before the UPC.

During a sunrise period which commenced on March 1 2023, an opt-out from the jurisdiction of the UPC can be filed with the court. Proprietors wishing to benefit from the possibility of opting out are well advised to file their opt-out requests well in advance of June 1 2023.

Representation before the UPC is mandatory; parties may either be represented by European Patent Attorneys who are entitled to act as professional representatives before the European Patent Office (EPO) and who have appropriate qualifications, such as a European Patent Litigation Certificate, or by lawyers authorised to practise before a court of a contracting member state.

Applicants

In respect of future patents, requests for unitary effect are to be filed with the EPO at least one month after grant. Transitional measures implemented by the EPO provide the possibility for applicants to file a request for unitary effect before entry into force of the new system. Once the unitary patent system has started, the EPO will register unitary effect. Furthermore, applicants may request a delay in the EPO’s issuing of the decision to grant a European patent until immediately after the entry into force of the unitary patent system.

more from across site and SHARED ros bottom lb

More from across our site

The firm, which represented Getty in one of the most closely followed copyright cases in recent years, said IP was among its standout practice areas
The decision to divide was partly due to differing visions over the impact of technology on IP work, according to one partner
The Bar Council of India’s warning to Dentons Link Legal and CMS IndusLaw shows why foreign firms are right to worry about India’s legal market
News of a trade secrets leak involving TSMC and an action in Japan against AI startup Perplexity were also among the top talking points
Rothwell Figg partner Leo Loughlin discusses the importance of pro bono work and why ‘For the Kids’ should not be monopolised for trademark purposes
A new consultancy firm, set up by a former Warner Bros and Netflix lawyer, aims to resolve tensions between AI developers and the creative industries
Raúl Rubio, partner at Pérez-Llorca, outlines the firm’s AI initiatives and says solutions for law firms have yet to reach the required level of sophistication
MBIP principals Andy Mukherji and Ellen Reid discuss the firm’s combination with Jones Tulloch and reveal why younger firms stand to gain from AI demand
IP and commercial lawyers help ITV Studios acquire majority stake in Spanish production company Plano a Plano
The newly merged firm, formally announced on August 4, will have a combined revenue of around $3 billion and 40 IP partners
Gift this article