The UPC is now open!

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June 1, 2023
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UPC

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

Closest Prior Art Not Quite Close Enough
29 May 2026
WIRPLAST v VILPE (UPC Munich, April 2026): a roof-fan disclosure was a fair starting point, but the patent for a through-roof ventilation pipe with a spirit level survived; the skilled person would not have leaped.
Transfer of costs application from Court of Appeal to Court of First Instance rejected
22 April 2026
The UPC Court of Appeal ruled that it lacks jurisdiction to assess costs applications and confirmed they must be filed at the Court of First Instance, rejecting a transfer request in Rematec v Europe Forestry.
Revocation of an independent claim does not automatically affect the validity of unchallenged dependent claims
21 April 2026
In Emporia v Seoul Viosys, the UPC Central Division confirmed that the revocation of an independent claim does not automatically affect the validity of unchallenged claims. The decision underscores the importance of challenging all relevant claims where full patent revocation is sought.