The Unified Patent Court (UPC) is a specialized judicial system for patents in Europe. It forms part of the Unitary Patent System, which aims to streamline patent protection and enforcement across participating EU Member States.

Overview of the Unified Patent Court (UPC)

1. Establishment:
   • The UPC was established under the Agreement on a Unified Patent Court, which is part of the EU’s Unitary Patent Package.
   • It officially launched on June 1, 2023, following years of negotiation and ratification by participating countries.
   • The UPC has jurisdiction over Unitary Patents and European patents, provided no opt-out has been filed for the latter.
2. Structure:
   • The UPC is composed of:
     • Local Divisions: Handle cases in specific Member States.
     • Regional Divisions: Serve multiple countries in a region.
     • Central Division: Handles cases concerning specific patent matters (e.g., technology or chemistry).
     • Court of Appeal: Based in Luxembourg, it reviews decisions from the lower divisions.
   • The UPC operates in several official languages, depending on the division.
3. Jurisdiction:
   • The UPC deals with disputes related to:
     • Validity and infringement of Unitary Patents.
     • European patents (unless opted out).
     • Supplementary Protection Certificates (SPCs) for pharmaceuticals.
   • It offers centralized enforcement, meaning decisions are applicable across all participating states.

UPC Procedures

1. Filing a Case:
   • Cases can be initiated by submitting a Statement of Claim to the appropriate division (local, regional, or central).
   • Typical claim types include patent infringement, declarations of non-infringement, or patent revocation actions.
2. Preliminary Stages:
   • Formalities Check: The court verifies that the claim complies with procedural requirements.
   • Case Management Conference: The court and parties define the procedural timetable.
3. Written Procedure:
   • Parties exchange written submissions, including:
     • Statement of Claim.
     • Defense.
     • Counterclaims (e.g., for revocation of the patent).
4. Oral Procedure:
   • The case proceeds to a public hearing, where both parties present arguments and evidence.
   • Expert witnesses and technical judges may participate to clarify complex issues.
5. Decisions and Appeals:
   • The UPC delivers a decision after deliberation, typically including remedies such as injunctions or damages.
   • Decisions from the lower divisions can be appealed to the Court of Appeal in Luxembourg.
6. Languages:
   • The language of the case depends on the division’s location or the agreement between parties.

Key Decisions of the UPC

Since its establishment, the UPC has delivered several important rulings, emphasizing its central role in patent disputes across Europe:

1. Procedural Efficiency:
   • The UPC has demonstrated streamlined proceedings, often delivering judgments faster than national courts in complex patent cases.
2. Unified Injunctions:
   • The court has issued injunctions that apply uniformly across all participating states, reinforcing the value of centralized enforcement.
3. First Revocation Case:
   • In one of its earliest cases, the UPC invalidated a European patent for failing to meet inventive step requirements, illustrating its willingness to apply stringent scrutiny.
4. Preliminary Injunctions:
   • The UPC has granted several cross-border preliminary injunctions, providing swift relief to patent holders in cases of clear infringement.
5. Opt-Out Cases:
   • The UPC has also clarified its stance on opt-out requests, ensuring that procedural requirements are strictly followed.

Current Impact and Reception

• Benefits:
  • Centralized enforcement reduces litigation costs and avoids contradictory rulings in different jurisdictions.
  • The UPC provides a more consistent legal framework for patent holders across Europe.
• Challenges:
  • Not all EU countries participate (e.g., Spain), and non-EU states are excluded.
  • The opt-out option has been widely used by patent holders to avoid UPC jurisdiction during its initial phase.

Future Outlook

The UPC is expected to grow in significance as more stakeholders adapt to the system. Its rulings will likely shape European patent law, influencing industries ranging from pharmaceuticals to technology.