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Update on Unitary Patent request filing statistics

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June 14, 2023
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The first batch of unitary patents was registered this week. According to the European Patent Register, 609 requests for unitary effect have been allowed and published on Monday 12 June 2023. A further grant of unitary effect was published on Tuesday 13 June 2023. Another 42 grants of unitary effect have been published on Wednesday 14 June 2023. A yet further batch of 16 is indicated for publication on Thursday 15 June, 36 on Friday 16 June and 12 on Monday 19 June. This brings the total of granted unitary patents to date to 716.

The unitary effect applies retrospectively from the grant date of the European patent, which is 7 June 2023 in all cases.

A total of 958 requests for unitary effect are recorded as having been filed, so 242 are still pending as of today, Wednesday 14 June 2023.

Recent Case Reports

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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.‍
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Replacement parts and the value of asserting a narrower claim combination
17 July 2026
The UPC's Düsseldorf Local Division found that Wessper's cartridges indirectly infringed Brita's patent, and that a narrower claim combination can turn a consumable into an essential element.
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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.
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