The Unified Patent Court and the Unitary Patent

The Unified Patent Court (UPC) is a Court set up to decide on infringement and validity actions relating to Unitary Patents (UP) and European patents that have not been opted out of the UPC's jurisdiction. The UPC was created by the Agreement on a Unified Patent Court (UPCA) which will enter into force on 1 June 2023.

The UPC's decisions will have effect in EPO Member States that have ratified the UPCA (which currently includes some, but not all, EU Member States).

The UPC will start operating on 1 June 2023. The introduction of this new system has immediate practical implications for patentees.

In preparation for this new system patentees should consider:

• whether to opt-out some or all of their European patents from the UPC's jurisdiction
• whether to request unitary effect to obtain a unitary patent

E+F will be able to request unitary effect and act before the UPC (for example, to opt-out European patents from the UPC's jurisdiction). 

The resources below provide background information and highlight key considerations that patentees should take into account when considering if and how to make use of this new system. For more specific guidance, please get in touch with your E+F representative or email us at elkfife@elkfife.com.