What do in-house counsel think about the Unitary Patent & UPC?

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

Cookies Settings

What do in-house counsel think about the Unitary Patent & UPC?

There are many questions that remain to be answered about Europe’s pending Unitary Patent and Unified Patent Court. But perhaps some of the most important, and also most difficult, are: who will use it? What will make them want to use it? And what will scare them off?

munich-skyline2.jpg

Munich - home of the EPO and the Oktoberfest

Hopefully two forums we are hosting next month will address these questions. The panels and audience will include in-house counsel from various countries and industries, and they will be able to share their hopes and expectations on the new system.

The forums take place in two of the three locations for the central division of the UPC: the first is in Munich on September 9 and the second in Paris on September 11.

Among the speakers confirmed for both events are:

  • Jochen Meyer, head of IPR Germany at Vodafone

  • Simon Roberts, director of patents, BT

  • Jürgen Schneider, vice president, global IP & IP litigation, QIAGEN

  • Mathilde Rauline, head of European patent litigation, Sanofi

  • Richard Vary and Clemens Heusch, global head of litigation and head of European litigation, Nokia

  • Colette Vogele, director of IP policy, Microsoft

  • Michael Fröhlich, senior director, EU IP & strategy, BlackBerry

We also have judicial perspectives from Eskil Waage of the EPO (in Munich) and Tilmann Büttner of the Düsseldorf Court (in Paris).


Lively debates expected

paris-skyline2.jpg

Will the Eiffel Tower benefit from Paris's status as the home of the UPC central division?

In addition to the Unitary Patent and UPC, the forums will also feature sessions on related issues such as the role of the CJEU and the Swiss IP court.

With many companies having offices or headquarters near these two cities, we expect some interesting debates between speakers and audience on the merits of the proposed systems, and how much they will be used.

Although important questions remain to be addressed (notably about costs, who the judges are and the final rules of procedure) my impression is that many patent owners are more favourably disposed towards the new system than its critics would suggest.

That hunch was confirmed by a recent poll conducted by law firm Allen & Overy, which found that 49% of European patent managers would definitely opt in at least some of their patents to the UPC, and only 15% said they would definitely opt out some.

Meanwhile, it’s increasingly clear when you speak to patent specialists in Europe (particularly litigators) that firms are thinking hard about how to prepare for the changes. That includes by making appropriate hires, opening/expanding offices in the key locations and discussing mergers or alliances with other firms.

Time to prepare

The Unitary Patent and UPC proposals certainly do not please everyone, and they may not work perfectly to begin with, but most practitioners believe they are now going to happen – probably within the next two years – and that applicants (and third parties) need to start preparing now.

Our September events provide an opportunity to see if that is the case, and find out the latest thinking. Do come along if you can.

Attendance is free for in-house counsel, IP managers, R&D professionals and academics. All other Managing IP subscribers can take advantage of a 25% discount. Just quote: MIP25.

For more information or to register, please click here or contact Alicia Sprott: registrations@managingip.com

more from across site and SHARED ros bottom lb

More from across our site

New Asia-Pacific IP head Jonathan Chu is eyeing opportunities arising from Chinese technology licensing, overseas enforcement and increasingly IP-heavy cross-border deals
Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
Gift this article