Unitary Patent and Unified Patent Court

Overview

Contrary to the previous status quo, where European patents must be enforced and invalidated in each jurisdiction separately, under the new system European patents may be granted with unitary effect, enforceable across Europe with just one action before the UPC. All decisions taken by the UPC, including injunctions, damages and decisions on the validity of a patent (whether a UP or a traditional European bundle patent) will have pan-European effect, affecting almost the entire single European market with a population of some 400 million people.

The UPC has jurisdiction not only over the new unitary patents, but also for all existing and future European bundle patents, EP patent applications and supplementary protection certificates (SPCs). Thus, unless a holder of existing European patents decides to “opt-out” of the new system, those patents are subject to the UPC and its new procedural rules. The new system provides unprecedented opportunities, but it is complicated and comes with a number of pitfalls which could bring unpleasant surprises to those caught unprepared. Potential users of the new system need to educate themselves in order to make smart choices, to avoid being caught off guard and to take advantage of the new possibilities.

We at DLA Piper believe that we are uniquely positioned to help you navigate these uncharted waters. Our dedicated cross-border team of experienced patent litigation lawyers is based in all major European jurisdictions and has the experience and resources to provide advice and guidance for you to take full advantage of the new system. This site is DLA Piper’s hub for all information relating to this new era of patent litigation. It provides information on the new unitary patent, sets out the structure of the Unified Patent Court and keeps you up to date with the latest news and developments. For any further information, please get in touch with Gualtiero Dragotti or any member of our UPC team.