Publications, press articles, rankings, awards
Mind the Gap between the UPC and the High Court of Justice
Different approaches and conclusions in the case of Advanced Cell Diagnostics vs. Molecular Instruments
Replacement of formal service by publication on webpage of the UPC
Orders of Local Divisions of Milan and Mannheim
The Paris Local Division of the UPC confirms Jurisdiction in the Sun Patent Trust v. Vivo Case
On October 30, 2025, the Paris Local Division of the Unified Patent Court (UPC) issued an order (UPC_CFI_361/2025) rejecting the plea of lack of jurisdiction raised by Vivo in the dispute against Sun Patent Trust.
UPC Decision: The Paris Central Division clarifies its method for assessing inventive step
In a key decision dated 20 October 2025 (UPC_CFI_189/2024), in the case between Meril Life Sciences and Edwards Lifesciences, the Paris Central Division of the Unified Patent Court (UPC) has provided important clarifications on its approach to assessing inventive step.
UPC – Admission of Apple as an intervener in a dispute concerning the confidentiality regime
On 23 September 2025, the Court of Appeal of the Unified Patent Court (UPC) issued an important order (UPC_CoA_631/2025 and 632/2025) regarding the admission of Apple as an intervener in appeals filed by Ericsson in infringement actions pending before the local division of Milan against ASUS, Arvato et Digital River.
UPC Court fee amendment as of January 1, 2026
The Administrative Committee of the Unified Patent Court has adopted amendments to the court fees.
The UPC’s approach to inventive step
Lawyers at Lavoix provide an overview of the UPC’s approach to inventive step and whether the forum is promoting its own approach rather than following the EPO.
UPC – Infringement by equivalence is becoming clearer, but a ruling from the Court of Appeal is still awaited
As provided for in Article 69(1) EPC, “the extent of the protection conferred by a European patent […] shall be determined by the claims.”
The Court of Appeal of the Unified Patent Court defines the standards to assess “added matter”
In decision UPC_CoA_774/2024, dated October 2, 2025, the Court of Appeal of the UPC held that the same standard applies to assess “added matter” in granted claims of a patent whether in view of the application as filed, or in view of each parent application from which the patent derives, when the patent is issued from a divisional application.
Unified Patent Court: the recognition of the French “saisie-contrefaçon” mechanism at the European level
The “saisie-contrefaçon” is a long-standing evidentiary measure familiar to French intellectual property practitioners. It has been successfully incorporated into the framework governing the Unified Patent Court (“UPC”), which has been in force for two years. The main points to remember are presented below.
Romania will accede the UPC agreement on September 1st 2024
Romania has deposited its instrument of ratification on May 31, 2024 and will accede to the UPC agreement on September 1st, 2024.
The UPC is gradually rolling out the new version of its CMS
The CMS is the case management system of the Unified Patent Court (UPC, https://www.unified-patent-court.org). It enables, among other things, the registration of legal representatives, the submission of documents by parties, access to case files, and the filing of opt-outs.
Temporal jurisdiction of the UPC
In appeal decision APL_8790/2025, dated June 2, 2025, the Court of Appeal of the UPC confirmed the temporal competence of the UPC for acts which occurred before the entry into force of the UPC Agreement and during the opt-out period when the opt-out was withdrawn prior to filing the action before the UPC.
UPC: New insights on claim interpretation method by the Court of Appeal of the UPC
In Appeal Decision APL_64374/2024, dated May 1, 2025, the Court of Appeal of the UPC gave more details on how claim construction should be handled at the UPC.
UPC: The discretionary authority of the UPC in the absence of statement of defence
Decision of the Court of Appeal of the Unified Patent Court issued on 5 May 2025, UPC_CoA_635/2024, APL_58934/2024 Order of the Court of First Instance of the Unified Patent Court Central division (Paris seat) issued on 2 April 2025 concerning the generic procedural applications Nos. App_61657/2024, 61782/2024 and 61784/2024 UPC_CFI_164/2024
UPC: The discretionary authority of the UPC in the absence of statement of defence
Decision of the Court of Appeal of the Unified Patent Court issued on 5 May 2025, UPC_CoA_635/2024, APL_58934/2024 Order of the Court of First Instance of the Unified Patent Court Central division (Paris seat) issued on 2 April 2025 concerning the generic procedural applications Nos. App_61657/2024, 61782/2024 and 61784/2024 UPC_CFI_164/2024
UPC: Procedural order on application to intervene
(Rule 313 RoP), UPC_CFI_698/2024 (CD Milan, March 27, 2025)
UPC: Procedural order on application to intervene
(Rule 313 RoP), UPC_CFI_698/2024 (CD Milan, March 27, 2025)
BSH v. Electrolux: extended jurisdiction in cross-border patent infringement
BSH v. Electrolux: extended jurisdiction of EU Member State courts in cross-border patent infringement and validity.
Jurisdiction of the UPC: decision of the Court of Appeal
In this important decision (UPC_CoA_30/2024 APL_ 4000/2024 Fives ECL, SAS vs. REEL GmbH) the court of appeal decided whether the Unified Patent Court (UPC) has competence for deciding about damages for on infringement decided by a national court and whether it has jurisdiction an acts of infringement committed before the entry into force of the Agreement on a Unified Patent Court (UPCA).
Jurisdiction of the UPC: decision of the Court of Appeal
In this important decision (UPC_CoA_30/2024 APL_ 4000/2024 Fives ECL, SAS vs. REEL GmbH) the court of appeal decided whether the Unified Patent Court (UPC) has competence for deciding about damages for on infringement decided by a national court and whether it has jurisdiction an acts of infringement committed before the entry into force of the Agreement on a Unified Patent Court (UPCA).
UPC extends its jurisdiction to the United Kingdom!
Decision UPC_CFI_355/2023 dated 28 January 2025.
UPC extends its jurisdiction to the United Kingdom!
Decision UPC_CFI_355/2023 dated 28 January 2025.
Effective withdrawal of an opt-out when national proceedings are pending
Court of Appeal Decision of the UPC of 11-12 2024 AIM SPORT DEVELOPMENT AG vs SUPPONOR
Effective withdrawal of an opt-out when national proceedings are pending
Court of Appeal Decision of the UPC of 11-12 2024 AIM SPORT DEVELOPMENT AG vs SUPPONOR
Lavoix: Your trusted partner for litigation before the Unified Patent Court
Since the establishment of the Unified Patent Court (UPC) one year ago, Lavoix, a European group specialized in intellectual property, has asserted itself as a leader in managing patent litigation.
Lavoix: Your trusted partner for litigation before the Unified Patent Court
Since the establishment of the Unified Patent Court (UPC) one year ago, Lavoix, a European group specialized in intellectual property, has asserted itself as a leader in managing patent litigation.
Lavoix: Your trusted partner for litigation before the Unified Patent Court
Since the establishment of the Unified Patent Court (UPC) one year ago, Lavoix, a European group specialized in intellectual property, has asserted itself as a leader in managing patent litigation. With 49 qualified representatives before this new court, including 7 lawyers and 42 European patent attorneys, Lavoix possesses unparalleled expertise to address all your legal issues before this jurisdiction. Our professionals, based in France, Germany, and Italy, are ready to intervene quickly and effectively to defend your interests. Whether it is for infringement actions, nullity actions as a principal measure, or any other procedure before the UPC, Lavoix offers
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Milan: the IP place to be!
On June 27, 2024, the Unified Patent Court (UPC) opened a new section of the Central Division in Milan, following the decision of the Administrative Committee of 26 June 2023 amending the Agreement relating to the Unified Patent Court (UPCA) to establish a section of the Central Division in Milan.
Romania will accede to the UPC agreement on September 1st 2024
Romania has deposited its instrument of ratification on May 31, 2024 and will accede to the UPC agreement on September 1st, 2024. Thus, starting from that date, the UPC agreement will have 18 members in Europe.
Romania will accede the UPC agreement on September 1st 2024
Romania has deposited its instrument of ratification on May 31, 2024 and will accede to the UPC agreement on September 1st, 2024.
Romania will accede to the UPC agreement on September 1st 2024
Romania has deposited its instrument of ratification on May 31, 2024 and will accede to the UPC agreement on September 1st, 2024. Thus, starting from that date, the UPC agreement will have 18 members in Europe. From the same time ongoing, registrations for a Unitary Patent will also cover Romania (second generation Unitary Patent). Please note that the previously registered Unitary Patents (first generation Unitary Patents) will not extend to Romania. The date of registration of the Unitary Patent will determine the extent of protection. Therefore, the EPO accepts request for a delay of the registration of unitary effect
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Cumulative Protection under the UPC Framework
Cumulative Protection: European Patent and National Patent vs Unitary Patent and National Patent
Cumulative Protection under the UPC Framework
Cumulative Protection: European Patent and National Patent vs Unitary Patent and National Patent
Language of proceedings before the UPC: English 1 – German 0
In this interesting decision (UPC_CoA_101/2024 ApL_ 12116/2024 10x Genomics, Inc vs. Curio Bioscience Inc), the Court of Appeal ordered that the Language of proceedings should be changed from German to English.
Language of proceedings before the UPC: English 1 – German 0
In this interesting decision (UPC_CoA_101/2024 ApL_ 12116/2024 10x Genomics, Inc vs. Curio Bioscience Inc), the Court of Appeal ordered that the Language of proceedings should be changed from German to English.
Grandfather clause for European Patent Attorneys
A European Patent Attorney may represent a party before the UPC provided he has the appropriate qualifications. These qualifications are defined by the “Rules on the European Patent Litigation Certificate and other appropriate qualifications” (or REPLC).
Grandfather clause for European patent attorneys
A European Patent Attorney may represent a party before the UPC provided he has the appropriate qualifications. These qualifications are defined by the “Rules on the European Patent Litigation Certificate and other appropriate qualifications” (or REPLC).
Grandfather clause for European patent attorneys
A European Patent Attorney may represent a party before the UPC provided he has the appropriate qualifications. These qualifications are defined by the “Rules on the European Patent Litigation Certificate and other appropriate qualifications” (or REPLC).
Stay of proceedings in case of parallel proceedings before the UPC and the EPO: the Paris Central Division dismisses the request
In an order dated 8 January 2024, the Paris Central Division interpreted for the first time article 33 (10) of the Agreement concerning the stay of proceedings in the event of parallel proceedings likely to challenge the validity of the patent before the EPO.
Stay of proceedings in case of parallel proceedings before the UPC and the EPO: the Paris Central Division dismisses the request
In an order dated 8 January 2024, the Paris Central Division interpreted for the first time article 33 (10) of the Agreement concerning the stay of proceedings in the event of parallel proceedings likely to challenge the validity of the patent before the EPO.
Involvement of technical judges from the stage of the provisional measures
Procedural order, 25 January 2024 – Düsseldorf Local Division – UPC_CFI_452/2023
Unified Patent Court and Italy sign headquarters agreement
The Italy and the Unified Patent Court (UPC) have signed a headquarters agreement, see press release of the Italian government.
Pharma and Biotech Patent Litigation: Is the UPC changing litigation strategies?
The Pharma and Biotech Patent Litigation Europe summit which has taken place in Amsterdam was a good opportunity to get an overview from the EPO of the state of play.
When to file opt-out applications?
What does « opt-out » mean? Opt-out is a request to withdraw a European patent or a published application from the jurisdiction of the Unified Patent Court (UPC).
UNITARY PATENT AND UNIFIED PATENT COURT: ORGANIZATION AND IMPACTS ON IP RIGHTS
Camille Pecnard and Damien Colombié co-authored an article on the UPC and the unitary patent published this week in the Lettre des Juristes d’Affaires (LJA). They discuss the impacts on IP rights and the points to identify in order to anticipate the strategy to adopt.
Opt out, stay in: how do we proceed in the case of co-ownership?
With the entry into force of the unitary patent, the unified patent court (UPC) and the associated transitional provisions, it will be possible to escape the competence of the UPC for European published applications and patents without unitary effect (OPT OUT), by the filing of a declaration made by the effective Applicant/Patentee, before the start of proceedings.
The start of the Sunrise Period postponed by two months
The Sunrise Period of the Unified Patent Jurisdiction was supposed to start on 1 January 2023, with a goal of the jurisdiction becoming operational on 1 April 2023. In a press release dated 5 December 2022, the Court states that this timetable is postponed by two months. The Sunrise Period will therefore start on 1 March 2023, with the aim of the Court coming into force on 1 June 2023.
What is the “sunrise period”?
The deposit of the Unified Patent Court Agreement ratification instrument by Germany will trigger the Sunrise period and the entry into force of the UPCA (3 months after the start of the Sunrise period). In anticipation of the opening of the Unified Patent Court (UPC) that is currently planned for April 1st 2023, it will be possible to opt out existing patents and patent application from the jurisdiction of the UPC.
Early request for Unitary Patent possible from January 1st, 2023
The European Patent with unitary effect (“Unified Patent”) will be introduced soon. The final missing ratification is expected to be deposited by Germany in December.
Opt-out of SPCs
Operation of the Unified Patent Court (UPC) is currently expected for 1st April 2023 (https://www.unified-patent-court.org/news/latest-state-play-view-launch-unified-patent-court), thus launching the sunrise period as soon as 1st January 2023. During this sunrise period, it will be possible to opt-out European (EP) titles from the competence of the UPC. Opt-out will be possible for published EP patent applications, granted EP patents (without unitary effect) and Supplementary Protection Certificates (SPCs) issued for a product protected by a EP patent (A.83 UPCA).
National measures accompanying the implementation of the unitary patent
It is expected that the Agreement on a Unified Patent Court (UPCA) will enter into force in spring 2023. At the same time the European Union regulation 1257/2012 and 1260/2012 will enter into force relating to the European patent with unitary effect (Unitary Patent) and the translation arrangements. The booklet "National measures accompanying the implementation of the Unitary Patent" is inspired by the online publication "National law relating to the EPC" and contains information regarding the most important national measures accompanying the implementation of the Unitary Patent. It is accessible on the website of the EPO. The booklet contains
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UPC and the Bolar exemption
The so-called ‘Bolar exemption’ finds legal basis in EU Directive 2004/27/EC modifying Directive 2001/83/EC on the Community code relating to medicinal products for human use. Article 10(6) of EU Directive 2001/83/EC states that:
Germany has deposited its ratification for the UPC Agreement
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EPO publishes second edition of the Unitary Patent Guide
Background It is expected that the Agreement on a Unified Patent Court (UPCA) will enter into force end of 2022 or beginning of 2023. At the same time the European Union regulation 1257/2012 and 1260/2012 will enter into force relating to the European patent with unitary effect (Unitary Patent) and the translation arrangements. The Select Committee of the Administrative Council of the European Patent Organisation has prepared the secondary legislation, in particular the Rules of procedure relating to Unitary Patent Protection and the Rules relating to the Fees for Unitary Patent Protection. Recently, some of the rules have been
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UPC and opt-out: definition, advantages and drawbacks
The present system of European (EP) patents granted by the European Patent Office, has the drawback that the same patent, validated in several states, may lead to several parallel disputes in these jurisdictions. The Unified Patent package creates a unitary effect for European patents encompassing the states that have ratified the Unified Patent Court Agreement (UPCA – to be found here). That is to say, an EP patent with unitary effect will have the same effects in all the states that ratified the UPCA and where said patent has been validated. It also creates a single court (the Unified Patent
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The current state of play towards the set up of the Unified Patent Court
The Unified Patent Court Agreement will enter into a provisional preparatory stage once 13 signatory states of the Agreement including Germany, France and the United Kingdom and having ratified said Agreement have ratified or expressed their consent to be bound by the Protocol on Provisional Application (A.3(1) of the Protocol). France ratified the Agreement and also ratified the Protocol on 23 May 2017. Lately (27th September 2021), Germany deposited its instrument of ratification of the Protocol and is expected to ratify the Agreement once the preparatory work has progressed sufficiently and the participating Member States are confident that the
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Again, and again: the UPC agreement is further challenged in Germany
Although the German Parliament («Bundesrat») recently voted in favor of the ratification of the Unified Patent Court Agreement (UPCA) (that we reported here), and despite the political will (see there), the German ratification of the UPCA is again put on hold. The German Federal Constitutional Court (FCC) advised that that two new constitutional complaints were filed on the very same day on which the Bundesrat approved the ratification (18th December 2020). One of the complaint, filed by Düsseldorf lawyer Ingve Stjerna, who already filed an earlier constitutional complaint in 2017, aims at obtaining an interim order to cease the ratification process
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Le gouvernement fédéral allemand a officiellement ratifié la loi d’approbation de la JUB le 13 août
La publication de la loi au Journal officiel fédéral met enfin un terme aux complications juridiques qui bloquaient le processus de ratification allemand et, par conséquent, l’établissement de la Juridiction unifiée du brevet (JUB). Mais cela ne signifie pas que la JUB peut enfin commencer à fonctionner. Avant que la JUB ne puisse réellement ouvrir ses portes, la phase préparatoire doit débuter. L’Allemagne prévoit de ratifier le Protocole sur l’application provisoire au début de l’automne. Selon ce Protocole, certaines parties de l’Accord JUB seront appliquées provisoirement avant son entrée pleinement en vigueur. Pour que ce Protocole entre en vigueur,
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Le protocole sur l’application provisoire de l’accord JUB
Le Protocole à l’Accord relatif à une Juridiction unifiée du brevet sur l’application provisoire (le PAP‑Protocole) a été initialement signé le 1er octobre 2015 pour établir une phase d’application provisoire (PAP) afin d’assurer « une transition en douceur vers la phase opérationnelle et garantir le bon fonctionnement de la Juridiction unifiée du brevet avant l’entrée en vigueur de l’Accord ».
How to select the european patent with the unitary effect (Unitary Patent)
Unitary Patent a unique protection for 17 states in Europe With the recent ratification of Austria, the European Patent with unitary effect (“Unitary Patent”) will be introduced soon. This title enables to get a patent protection by many European states. Presently 17 states have ratified the agreement and will participate with the Unitary Patent, namely Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Sweden, see https://www.epo.org/law-practice/unitary/unitary-patent.html. The Council Regulation No 1257/2012 (hereafter “Unitary Patent Regulation”) sets out the details of the unitary patent. In particular it states that only a European patents having the
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Political will in Germany for the UPC Agreement to be submitted to a new vote as soon as possible
While the Federal Constitutional Court of 20 March 2020 ruled in Germany that the act of consent to the UPC Agreement is not constitutional and therefore void, a press release of 26 March 2020 from the German Federal Minister of Justice clarified the current political will in Germany. In a clear statement, the Federal government confirmed that it keeps on upholding the project of a single European patent system with a European patent Court. The Federal Government is committed in examining the possibilities to remedy the lack of form of the act of consent to the UPC Agreement, as
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UPC – Timetable Update
The UPC’s Preparatory Committee released an update (https://www.unified-patent-court.org/news/upc-timetable-update-june-2017 ) yesterday confirming the expected delays for the entry into operation of the UPC Agreement. The Committee confirms that the entry into operation of the UPC will not take place in December 2017 as predicted, due to delays in several countries, especially in England, concerning the finalisation of national procedures for the ratification of the UPC Agreement and the participation in the Protocol on Provisional Application. We monitor the issuance of the new timetable that the Committee is to publish.
Representation: How will a European Patent Attorney obtain an independent right to represent clients before the UPC?
According to Article 48(2) of the Agreement on a Unified Patent Court (UPC Agreement), European Patent Attorneys (EPAs) who are entitled to act as a professional representative before the European Patent Office (EPO) pursuant to Article 134 of the European Patent Convention (EPC) may represent parties before the Unified Patent Court (UPC), provided they have appropriate qualifications such as a European Patent Litigation Certificate (EPLC). The wording of this article suggests that EPAs can prove having suitable qualifications by different means, the EPLC being one of them.