Geographic Scope of the UPC and Unitary Patent

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February 22, 2023
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UPC
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Basic
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The grant of a European Patent allows patent rights to be obtained in respect of over 35 states by means of the respective validation procedures for those states. These include EU member states and non-EU states.

The scope of the UPC and a Unitary Patent corresponds to a subset of those EU member states. Currently, these are:

  • Austria (AT)*
  • Belgium (BE)*
  • Bulgaria (BG)
  • Denmark (DK)*
  • Estonia (EE)*
  • Finland (FI)*
  • France (FR)* _ UPC Central Division (Paris)
  • Germany (DE)* _ UPC Central Division (Munich)
  • Italy (IT)* _ UPC Central Division (Milan)
  • Latvia (LV)*
  • Lithuania (LT)*
  • Luxembourg (LU) _ UPC Court of Appeal
  • Malta (MT)
  • Netherlands (NL)*
  • Portugal (PL)*
  • Romania (with effect from 1 September 2024)
  • Slovenia (SI)*
  • Sweden (SE)*

* location of Local/Regional Divisions of the UPC

This geographic scope may vary over time as more states participate.

For a granted EP patent which is in force in any of the above states and which has not been opted_out, an action (e.g. infringement or revocation) in the UPC will be effective in respect of those states.

Proceedings for infringement in another state or for revocation of the national patent of any other state must be brought in the respective national court.

In the first nine months after grant, the EPO Opposition procedure provides a mechanism for centralised revocation for the entire bundle of all national patents (including those within the scope of the UPC) and any unitary patent resulting from a single granted EP patent.

For EP patents for which a Unitary Patent has been requested, the resulting Unitary Patent will cover the states which have ratified the agreement at the patent grant date. For example, a Unitary Patent obtained from an EP patent granted on 1 June 2023will cover the above states.

To obtain protection in other EPC states, such as the UK, Poland or Spain, or where a Unitary Patent has not been requested, the existing validation procedures for obtaining national patent rights (which can be enforced in the respective national courts) remain unchanged.

Additional states which may participate in the future include Cyprus, Greece, Hungary, Ireland, and Slovakia. Of these, Ireland is the most likely to participate.

Latest article update: 24 September, 2024

Recent Case Reports

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R.262A applications required to maintain confidentiality in UPC Proceedings
03 March 2026
The Court of Appeal clarified the necessity of formal applications to maintain confidentiality in Unified Patent Court (UPC) proceedings when disclosing ordered information. This ruling arose from a dispute involving patent infringement and confidentiality claims between EOFlow and Insulet.
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Long arm not available for amended patent
02 March 2026
IMC Créations is a French company specialising in anti-theft systems for vehicles, particularly commercial vehicles. Among other things, it sells locks for the side and rear doors of commercial vehicles. Mul-T-Lock belongs to the Assa Abloy group and specialises in high security locking and access control systems, in particular pick-resistant keys and locks. IMC alleged that Mul-T-Lock’s MPV 1000 padlock infringes its unitary patent EP4153830 and the corresponding Swiss national validation.
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Re-establishment of rights following failure to apply for a cost decision in time
02 March 2026
The dispute arises out of earlier proceedings between Heraeus Electronics GmbH & Co. KG (claimant) and Vibrantz GmbH (defendant), relating to European Patent No. 3215288. The Munich Local Division issued a substantive decision on 10 October 2025 addressing infringement and a counterclaim for revocation. Among other findings, the court partially revoked the patent in three Contracting Member States and dismissed the infringement action. In its cost decision, the court apportioned 40% of the costs to the defendant and 60% to the claimant.
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