The Unified Patent Court (UPC) will begin operations in Europe on 1 June

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February 20, 2023
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UPC
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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

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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.
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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.
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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.
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