Getting ready for the UPC and the unitary patent

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

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

Counsel explain how AI can create brand protection headaches, but also be used to fight fakes
An AI copyright update in the UK and IP protection efforts by Temu and WeChat were also among the top talking points this week
Mary Till says she has been helping clients navigate policy questions, including staffing concerns at the office
A seminal decision concerning second medical use patents and questions over confidentiality were among the top talking points this fortnight
Managing IP considers some of the key themes from the 2025 Annual Meeting and offers some tips for London 2026
A comparison of the 2024 and 2025 editions of the Managing IP EMEA Awards reveals the firms and companies that have been dominating Europe’s IP market year after year
Tuesday's coverage includes BD tips for aspiring partners, and a foray into the world of SEPs
Exclusive data reveals law firms are failing to go above and beyond for their corporate clients, with in-house counsel saying advisers should consider more transparent billing processes
Arty Rajendra and Gary Moss discuss why ‘thorough and intense’ preparation, plus the odd glass of wine, led to a record FRAND victory for their client
Monday’s coverage includes news of a potentially 'game-changing' trademark development in China and how practitioners are using AI
Gift this article