The Unified Patent Court (UPC) will begin operations in Europe on 1 June
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February 20, 2023
Following news of Germany's depositing its instrument of ratification of the UPC agreement on 17 February, mark your calendars for 1 June when the Unified Patent Court (UPC) will begin operations in Europe.
The ratification is a crucial step towards establishing a unified patent protection system that resolves disputes regarding patents in a single procedure for all participating member states. This significant development in intellectual property rights protection promises to enhance innovation protection and drive economic growth in Europe. Stay tuned for updates on this game-changing development!
Recent Case Reports
Invalidity of juicer patent upheld on appeal
03 November 2026
The Court of Appeal upheld the invalidity of Hurom’s juicer patent for lack of inventive step, while clarifying the admissibility requirements for patent amendments and the use of the unamended description when construing amended claims. It also confirmed the UPC’s jurisdiction over infringement in Poland despite Poland not being a UPCA Contracting Member State, but found that Hurom had failed to establish infringement under Polish law.
Evidence preservation doesn’t stretch to interrogation
03 November 2026
The Court of Appeal confirmed that evidence-preservation orders may be granted ex parte where there is a demonstrable risk that evidence could be destroyed or become unavailable, and that such orders may extend to relevant commercial and promotional documents. However, Art. 60 UPCA does not permit a bailiff or expert to question the defendant’s personnel on substantive technical matters, which must instead be handled under the Court’s control.
UPC Court of Appeal clarifies claim construction, the role of party experts, and provisional measures in direct-competition cases
03 November 2026
The CoA’s decision of 30 April 2025 in Insulet v EOFlow provides important guidance on claim construction, the role of party-appointed experts and the requirements for provisional injunctions.