Europe’s new sport: fighting to host UPC divisions

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

Europe’s new sport: fighting to host UPC divisions

New figures relating to patent litigation in Europe could reopen the debate about the way the Unified Patent Court system works in practice

Although there’s still plenty of trepidation about the way that the UPC system will affect IP owners and users, critics of the system have largely shifted from bemoaning it to preparing for it.

Judging from Managing IP’s European Patent Reform Forum in Munich last month, IP professionals are still keen to shape the system’s rules (they sent more than 70 sets of comments in the most recent round of consultations on the draft rules of procedure), and to divide along old pro-/anti-bifurcation lines. But it seems as though the patent profession is readying itself for the reality of the Unitary Patent and the UPC.

There is one aspect of the system that has received little coverage so far, however: how the level of patent litigation in EU member states will affect the ability of governments to host local or regional divisions of the UPC, and the composition of the judges that sit there.

Now, though, lawyers from Powell Gilbert, working with counterparts elsewhere in the profession, have done some digging into the statistics. Although Germany is the biggest centre of patent litigation in Europe, Managing IP has often heard suggestions (from London-based lawyers, it has to be said), that the numbers are skewed. Now the data gathered by Tim Powell and Penny Gilbert suggests that might well be the case.

They argue in a guest blog post for Managing IP that if cases are counted in the same way as in Germany, the recorded claims in the UK would be far higher. That is because German courts have a practice of splitting patent cases by patent and sometimes by party, and of treating claims for revocation as separate to any infringement action. This ramps up the number of individual claims, they say.

Powell and Gilbert also argue that the headline figures obscure the importance of the UK courts in the patent litigation strategies pursued by plaintiffs and defendants. More than a quarter of claims litigated in the UK are also the subject of lawsuits overseas, for example (far higher than the 2% figure for Germany).

Many London-based patent lawyers are sceptical about the touted benefits of the UPC for their clients. Some of them became a little more enthusiastic after London was awarded one of the Paris-based central division’s two national offshoots. This latest attempt to secure a greater role for the UK could be regarded as a new round of patent lawsuit landgrabbing on behalf of local lawyers. But there are two reasons why it merits attention. If the figures add up, then it is only right that the UK warrants more UPC divisions. Second, the UK’s patent courts and its judges are widely respected. Ensuring that they play a full role in the UPC is surely good for the system as a whole.

more from across site and SHARED ros bottom lb

More from across our site

News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
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
Gift this article