Wednesday, December 20 2023   \  Published by IP Watchdog.

Evaluating Europe’s New IP Court: How the UPC is Doing So Far and What’s to Come

Evaluating Europe’s New IP Court: How the UPC is Doing So Far and What’s to Come

“Within four months of opening its doors, the UPC has seen more than 60 cases filed, including almost 40 infringement actions, more than one dozen independent revocation actions to invalidate a patent, and a number of applications for provisional measures, including injunctive relief.”

On June 1, 2023, the Unified Patent Court (UPC) opened, providing a new venue for patent litigation across all 17 ratifying European Union member states. The court represents a significant shift in patent litigation in the EU, which is poised to impact the global patent strategy of U.S. and multinational companies.

Through the European Patent Office (EPO), inventors have long been able to obtain patent protection across most of the EU through a single application. Once the EPO grants a European Patent, inventors have the option of obtaining local patent protection in any member state that they select without the need for further examination or review. However, historically, once the EPO granted a patent, there was no single enforcement or invalidation mechanism, leaving it up to the member states to enforce patent rights. Read more

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