Update on Unitary Patent request filing statistics

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June 14, 2023
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UPC

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

Prosecution history in claim interpretation at the EPO
10 June 2026
In Agathon v Intercom, the UPC's Milan Local Division confirmed that statements made during EPO prosecution are not binding but can offer low-weight guidance on the skilled person's view — here narrowing 'abuts' against the patentee.
Revocation of an order to inspect and preserve evidence as Applicant did not start proceedings on the merits, R. 198.1 RoP
09 June 2026
In Otec v Steros, the UPC's Dusseldorf Local Division revoked an ex parte inspection order after the applicant failed to sue on the merits in time, ordering all preserved evidence returned and destroyed.
UPC Court of Appeal reverses infringement ruling in both Germany and UK
05 June 2026
On 2 June 2026 the UPC Court of Appeal overturned the Mannheim Local Division's infringement findings against Kodak in both Germany and the UK, on a prior user right in Germany, and on lack of defendant liability in the UK, while upholding the validity of EP 3511174 as amended and laying down a structured framework for exercising jurisdiction over non-EU designations.