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

UPC revokes provisional injunction on motorbike helmet intercoms system
29 June 2026
The UPC Local Division Milan revoked Cardo's provisional injunction against Reso, ruling its helmet intercom products fall outside the scope of EP4240194, neither literally nor by equivalence.
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.
UPC applies party-driven equivalence test in absence of Court of Appeal guidance
25 June 2026
The Helsinki Local Division found AIM's TV-advertising patent valid but not infringed by TGI, and with no Court of Appeal ruling on equivalence yet, adopted the four-step test both sides put forward, the UPC following the parties' lead.