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

Reckitt Benckiser is to divest its Essential Home business, which includes more than 70 brands, to private equity firm Advent International
Litigator Neel Chatterjee, who has joined the firm as a co-leader of the IP team, reveals tech ambitions and expansion plans
A settlement between Philips and Transsion and a loss for AstraZeneca in the UK were also among the top talking points
Working with Harvey and Microsoft, the firm has been at the forefront of developing AI tools for its lawyers, and is now exploring new projects and business models
The Emotional Perception AI case, which centres on the patentability of an artificial neural network, will be heard next week
Developments included a court order related to InterDigital’s anti-anti-suit injunction against Disney, and clarification on recoverable costs
Partners at Foley Hoag examine how recent CJEU jurisprudence may serve as a catalyst for recalibrating US judicial reluctance to entertain foreign patent claims
International law firms have high hopes for their IP practices in Saudi Arabia, with many opening offices, but recruiting and retaining talent in the Kingdom presents unique challenges
Patrick Ogola joins us for our ‘Five minutes with’ series to discuss helping African entrepreneurs on the global stage, and explains why young lawyers should speak up
Heli Pihlajamaa, the EPO’s principal director for patent law and procedures, joins us to take stock of the unitary patent following its second anniversary
Gift this article