Update on Unitary Patent request filing statistics

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June 14, 2023
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UPC
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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

See all Case Reports

UPC Court of appeal issues final decision, despite no finding on infringement at first instance
30 March 2026
In Rematec v Europe Forestry, the UPC Court of Appeal overturned the Mannheim Local Division’s revocation of the patent and, applying Article 75(1) UPCA, issued a final decision on both validity and infringement despite no infringement finding at first instance. The Court adopted a narrower, description‑led approach to claim interpretation, confirmed the patent’s validity, found infringement, and granted final remedies without referring the case back to the Court of First Instance.
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Litigation insurance as security for costs
30 March 2026
In Syntorr v Arthrex, the UPC Court of Appeal clarified that while litigation insurance is not itself a form of security under Rule 158 RoP, it is a relevant factor when deciding whether security for costs should be ordered at all. By failing to consider the claimant’s insurance policy, the Munich Local Division wrongly exercised its discretion. The Court set aside the €2 million security order and confirmed that insurance can mitigate concerns about cost recoverability.
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National law applies to claims for loss of profit if the events occurred before the UPC came into force
30 March 2026
In Fives v REEL, the Hamburg Local Division of the UPC dismissed a standalone damages action despite prior findings of infringement. Although the UPC was competent to assess damages, the court held that national law applied because the relevant events pre‑dated the UPC’s entry into force. Applying German law, the court found that the claimant had not proven causation or lost profit, highlighting the demanding evidentiary burden for price‑reduction damages claims and the importance of substantiating counterfactual tender outcomes.
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