The UPC is now open!

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June 1, 2023
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UPC
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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

See all Case Reports

Litigants in person and IP risk: Lessons from Banham v Rogers
26 March 2026
The High Court’s judgment in Banham v Rogers provides a stark warning for SMEs defending intellectual property claims without professional advice. Acting as a litigant in person, the defendant misunderstood key technical issues, failed to comply with procedural requirements, and mismanaged correspondence and evidence. These cumulative errors left the court with no realistic defence to consider, leading to summary judgment and public reputational damage. The case underlines the importance of obtaining specialist IP advice at an early stage to avoid avoidable and compounding litigation risks.
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Clarification of international jurisdiction
26 March 2026
The UPC Court of Appeal has clarified that where jurisdiction is based on Article 7(2) of the Brussels Regulation (place of harm), it is limited to damage occurring within UPC territory. In Keeex v Adobe, the Court set aside the Paris Local Division’s decision to hear infringement claims relating to non‑UPCA states, confirming that broader territorial reach requires satisfaction of the strict conditions under Article 71b(3).
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Language protections don’t bite if you have a website
25 March 2026
In KeyMed v PR Medical, the Milan Local Division of the Unified Patent Court rejected a preliminary objection seeking to change the language of proceedings from English to Italian under Rule 14.2(b) RoP. Although the defendant was an Italian company and the action was brought before the Italian local division, the court held that the language protection did not apply because the alleged infringement was not confined to Italy.
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