Launched in June 2023, the Unified Patent Court (UPC) is a specialised court established to handle patent disputes in Europe. So far 341 Cases have been initiated, the majority involving patent infringement and challenges to patent validity.
The unified judicial system of the UPC aims to simplify and streamline the litigation process relating to European patents. It offers a central forum for a wide range of patent-related matters including infringement claims, challenges to the validity of patents, requests for injunctions, and revocation actions. Notably, a decision of the UPC will have effect in all participating EU member states.
The UPC has divisions in Paris and Munich, as well as various local and regional divisions located all over Europe. Notably, despite the UK’s departure from the EU, UK-based European patent attorneys holding certain additional qualifications are permitted to represent parties before the UPC. At Hargreaves Elsworth our attorneys possess all of the requisite qualifications, allowing us to represent our clients before the UPC.
Compared to traditional patent litigation across Europe, which often involves multiple proceedings in different European countries, the UPC offers a quicker and more costeffective resolution process.
Court fees at the UPC are set at a fixed rate, determined by the value of the claim in question, and small enterprises may qualify for a 40% reduction in court fees. Additionally, recoverable costs are subject to caps based on the claim’s value. Having a comprehensive grasp of these costs from the outset of UPC proceedings is a real advantage. It not only provides parties with clarity but also facilitates the assessment of financial risks associated with litigation.
Overall, the UPC, in combination with the Unitary Patent, offers a unified and streamlined approach to resolving European patent disputes, making it an attractive option for resolving patent disputes in Europe.
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