UPC and European Unitary Patent

An international jurisdiction

The Unified Patent Court (UPC) is the first supranational court created in Europe to rule on disputes relating to unitary and “classic” European patents.

A new international jurisdiction common to the signatory States and complementary to the European patent system, with unitary effect.

  • The European Unitary Patent: A simplified procedure
    Since its entry into force on June 1, 2023, the Unitary Patent allows for the granting of a patent recognized throughout the territory of the signatory states (25 EU member states in total – 18 ratifications to date).

  • The UPC has a dual objective: To guarantee the consistency of patent law jurisprudence throughout Europe and to increase legal certainty
    The UPC was designed to simplify litigation, strengthen legal certainty, and offer faster and more efficient procedures.

Dedicated support

Lavoix:

  • assists you to obtain patents with unitary effect,

  • ensures, with an office in each city of the Central Division (Paris, Munich and Milan), the representation and coordination of your disputes before the UPC throughout the territory.

Lavoix represents you before the UPC thanks to its multidisciplinary team of 44 representatives, including both intellectual property attorneys-at-law and qualified European patent attorneys

Structure of the UPC

The UPC consists of a court of first instance, a court of appeal, and a registry, together with an arbitration and mediation centre.

JUB - Lavoix

EPO Source

How does this change your IP rights?

  • Reduced costs: You won’t need to launch parallel procedures in different Member States (translations, taxes, etc.)

  • Expanded territory of protection
  • Saves time

  • Better resolution of patent disputes in Europe with the help of qualified, specialised judges

  • European case law: Increased legal certainty for all users through uniform enforceability

Opt-out

The UPC has exclusive and automatic jurisdiction over patent infringement and invalidity (stay-in).

However, during a transitional period of 7 years, which may be extended, holders of (non-unitary) European patents will be able to opt out from it, unless litigation before the UPC has already been initiated.

During this period:

  • Your actions for invalidity or infringement may be brought before the national courts.

  • For any application filed or patent granted before the end of the transitional period, you can notify the UPC registry to request an opt-out from its jurisdiction, unless an action has already been brought before the UPC.

easypatent

Lavoix offers you a free online simulation tool to compare your validation costs and annuities.

This simulation module, which all our clients can access from IP data², enables them to compare validation costs in real time, with or without a unitary effect, depending on the territorial scope chosen and the estimated maintenance period. It also includes options for customising scenarios and storing them in memory.

Transmission of your instructions is also available from easypatent.