The UPC is now open!
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June 1, 2023
After more than 50 years in the making, the Unified Patent Court finally launches today – 1 June 2023. This represents the most significant development in European patent law and practice since the opening of the European Patent Office in 1978.
From now on, 17 EU states will cooperate to share a single court system to resolve patent disputes for their combined territories. The UPC is the first operational patent court to have transnational competence.
The UPC system aspires to boost safeguarding of innovation and to stimulate economic prosperity across Europe, and may be an attractive forum for litigation for non-EU patent holders to litigate their European patents.
Recent Case Reports
Bringing enforcement proceedings while an appeal is still pending risks liability for defendant’s costs
24 September 2026
The Court of Appeal held that setting aside a first-instance decision granting relief subject to recurring penalties generally has retroactive effect. Any penalty fees already paid will be refunded by the Court. The value of proceedings is determined by the interest of the party that brought the action. This is not changed as a result of an appeal. A claimant bringing enforcement proceedings while an appeal is still pending does so at its own risk and may be liable for the defendant’s costs related to the enforcement proceedings.
Preliminary objection on jurisdiction partially successful – UPC clarifies requirements of anchor-defendant jurisdiction for non-UPC territories
25 June 2026
The Hamburg Local Division let Nixu pursue US-based Infoblox in the UPC for Germany, France and Finland, but threw out the UK claim. To reach a non-UPC territory through an anchor defendant, a claimant must plead joint infringement there.