Unified Patent Court: The Impact of Brexit

​
June 26, 2025

The Unified Patent Court (UPC) now has jurisdiction over 18 of the 27 EU states and advertises itself as an EU court but is there any prospect of the UK getting involved in the Unified Patent Court without rejoining the EU?

Unintended Consequences of Brexit

There have been several unintended consequences of Brexit. As an anti-Brexit person, I must declare myself at the start. One of the big tragedies from our point of view was that the Unified Patent Court had been 30 years in the gestation. I am old enough to remember when it was first mooted. The UK profession, including solicitors, barristers, judges, and the patent office, played a significant role in developing the rules for the Unified Patent Court.

The Impact on the UK Profession

To have the rug pulled out from under us at the last minute was a great pity. The end result has been that Germany is by far the most dominant jurisdiction, with over 90% of the cases now filed in the German divisions. While the UK might not have received half of those cases, it would have received a good chunk. The significance of this is that UK notions and English law, which we spent the last 200 years developing, would have been part of the system. The fact that it is not part of that system is a great tragedy.I know at least one prominent ex judge who believes that the UK could be part of the UPC without having to rejoin. I'm sure we would want to join it, the fact that we are not there is lacking. The UK is a leading patent jurisdiction. Clients like coming here. I mean, for one thing, not having the UK judges there and not having their thoughts on FRAND issues is a great missed opportunity, especially as many of these judges shaped FRAND.

Standard Essential Patent Cases

A lot of Standard Essential Patent (SEP) cases are currently being filed in the UPC, and it remains to be seen how the UPC will deal with the Fair, Reasonable, and Non-Discriminatory (FRAND) valuation issues. Will they adopt the German model of simply determining who is the friendliest, or will they conduct a detailed valuation? If they opt for a detailed valuation, how will they do it? This remains to be seen.

The Making of a Landmark Ruling: Optis v Apple Explained

Hear more about SEPs—including the landmark Optis v Apple ruling—in the latest episode of EIP Talks. We bring you the inside story from the team behind the landmark Optis v Apple judgment—now the highest-value court-determined SEP license on record. We also explore what this means for FRAND litigation, the future of SEP enforcement in the UK and how this ruling could impact global licensing dynamics.

Listen to the episode

The Latest Thought Leadership pieces in the Content Hub

UPC refuses extension of deadline for review of seizure order after refusal of service
July 22, 2025
Sichuan Yuanxing Rubber Co., Ltd. and China Council for the Promotion of International Trade, Automotive Sub Council Order of 14 July 2025 (ORD_26742/2025 [1]) This article follows up on the UPC...
UPC grants ‘in absentia’ permanent injunction on agricultural tool
July 21, 2025
Maschio Gaspardo S.p.A. v Spiridonakis Bros GP (UPC_CFI_513/2024 relating to EP1998604) Order of 25 June 2025 (ORD_17812/2025 [1]) This Decision from the Central Division of the Unified Patent Court...
Applying Ocado, the UPC grants a R262 request to access CFI documents
July 9, 2025
NJOY Netherlands B.V v Juul Labs International, Inc (UPC_CFI_309/2023) Order issued 9 June 2025 (ORD_27305/2025) [1] The Paris Central Division revoked Juul Lab's patent EP 3 498 115 B1 by decision...
Lionra Technologies Ltd. v Cisco Systems GmbH and Cisco Systems, Inc.
June 25, 2025
UPC_CFI_58/2024 Following a decision, a successful party has one month to apply for a costs decision (Rule 151). In the relevant case, the main decision (dated 19 February 2025) stated that the...
Stay in the Know

The Patent Strategist

Get expert insights and the top patent stories delivered straight to your inbox.

Heading
This is some text inside of a div block.
This is some text inside of a div block.

Latest Insights

Showing 0 of 100
The contentious role of intellectual property in cryptographic standardisation
12 January 2026
This article explores how intellectual property rights affect the development and adoption of post-quantum cryptography standards. It highlights NIST’s proactive approach to patent licensing for new algorithms, reviews historical cases like RSA and ECC, and discusses the importance of clear IP terms for widespread cryptographic adoption.
#
Patenting
​
System architecture in quantum computing – history repeating itself?
24 December 2025
This article explores the evolution of system architecture in quantum computing, drawing parallels with the early days of classical computing. It discusses the current challenges in quantum hardware, the emergence of quantum instruction set architectures (ISAs), and the potential for a RISC vs. CISC debate similar to that in classical computing. The piece highlights opportunities for innovation and intellectual property, suggesting that the choices made now could shape the future landscape of quantum technologies and licensing.
#
Patenting
​
Strategic licensing: Turning IP into commercial value
09 December 2025
In today’s competitive landscape, effective commercial licensing strategies are essential for unlocking the full value of intellectual property. This article explores four critical pillars: understanding intellectual property as a property right, the fundamentals of licensing intellectual property rights, structuring successful joint ventures and best practices for intellectual property rights management. Whether you’re navigating new markets or scaling established innovations, these tips provide a roadmap for protecting, leveraging and maximizing your IP assets.
#
Consulting
​
The people, physics and patents of the 2025 Nobel prize
09 December 2025
The 2025 Nobel Prize in Physics recognised John Clarke, Michel H. Devoret, and John M. Martinis for proving macroscopic quantum tunnelling in electric circuits, a breakthrough that enabled quantum computing. Their pioneering research led to hundreds of patents, including innovations in MRI and quantum technology, highlighting the real-world impact of their discoveries.
#
Patenting
​
Vision 2035: The need for Innovation to meet ambitious targets set by the UK’s new critical minerals strategy
03 December 2025
The UK’s Critical Minerals Strategy 2025 sets ambitious targets to secure essential minerals for key industries by boosting domestic production, recycling, and innovation. The article highlights the vital role of intellectual property (IP) in supporting technological advances, encouraging collaboration, and strengthening the UK’s supply chains for a sustainable future.
#
Consulting
​
Research underlying Nobel prize in chemistry has sparked innovation and patent filings
02 December 2025
The 2025 Nobel Prize in Chemistry recognised the creators of metal-organic frameworks (MOFs), innovative materials with huge potential for water harvesting, clean energy, and environmental solutions. Their work has sparked a surge in global patent activity and new industrial application.
#
Patenting
​
UKIPO fee increases from April 2026: What it means for your IP strategy
25 November 2025
Provisional and interim injunctions both refer to temporary court orders granted before a full trial, aimed at preserving the status quo or preventing harm. In UK law, “interim injunction” is the standard term, while “provisional injunction” is less common and typically used in international contexts. Both serve the same purpose: urgent relief until the case is fully heard.
#
Patenting
​
Sustainable models: content licensing for generative AI training
21 November 2025
It is fair to say that no technology in recent times has created so much excitement and controversy as generative AI, and in particular Large Language Models (LLMs). Generative AI companies and their backers have their sights on generating billions, if not trillions of dollars, directly or indirectly from their models. Models which, in the vast majority of cases, are trained on original works without permission from, or payment to, their authors. The works used for training are primarily obtained by scraping the open web, a uniquely vast repository of publicly accessible knowledge and information, constantly updated to reflect the latest developments in human knowledge and culture.
#
Consulting
​
What should you look to protect in a (bio)pharma IP strategy?
18 November 2025
#
Patenting
​
Trade Secrets: Navigating geopolitical risks and IP theft in the semiconductor industry
04 November 2025
Semiconductors have always been a critical technology but have grown significantly in strategic importance in recent years. They have become the key building block in developing and existing markets, including quantum computing, edge computing, AI, IoT, automotive, cellular data technology, smartphones, robotics, and many more. The complex designs and innovations that power semiconductor manufacturing are invaluable both to the world’s economy and technological advancement. Consequently, the semiconductor industry has found itself at the centre of geopolitical tensions, especially between the United States and China. It has become a prime target for cyberattacks and intellectual-property (IP) theft. As such, companies operating in this area must be more vigilant in protecting their intellectual assets.
#
Consulting
​
UPC takes strict approach on costs reimbursement
30 October 2025
Insulet v. EOFlow UPC_CFI_773/2025 and UPC_CFI 774/2025 (Milan CD), decision of 15 October 2025[1] The dispute began when Insulet sought a provisional injunction against EOFlow to prevent...
#
Litigation
​
UPC Considers but does not decide exhaustion of rights in relation to consumables
30 October 2025
Brita v. Aquashield UPC CFI 248/2024 (Munich LD), decision of 22 August 2025[1] UPC CFI 564/2024 (Munich LD), decision of 16 October 2025[2] Brita sued Aquashield and others for infringement of...
#
Litigation
​
Beyond Borders: A Backpacker’s Take on Why Your Patent Strategy Needs a Global Mindset
29 September 2025
In today’s interconnected world, innovation rarely stops at borders. Whether you’re a multinational corporation or a UK-based business with global ambitions, your patent strategy should reflect the reality that your products, services, and competitors operate internationally. Much like a well-travelled backpacker planning a round-the-world adventure, businesses must prepare carefully—mapping out routes, anticipating local rules, and packing what’s essential—to ensure a smooth journey.
#
Patenting
​
UPC Infringement Actions: Is Speed Meeting Expectations?
23 September 2025
The Unified Patent Court promised simplified and faster patent litigation across Europe. Two years in, we look at whether it’s delivering on that promise. For patent holders and defendants alike, the duration of infringement actions can significantly impact market strategies, investment decisions, and competitive positioning. In this article, we set out an in-depth analysis of how the court’s procedural rules are shaping the pace of litigation. By examining key milestones—from the filing of an infringement action to the issuance of a final judgment—we assess whether the UPC is delivering on its promise of efficiency.
#
Litigation
​
Emerging Practice Points from the UPC
02 September 2025
We have been keeping a close eye on the decisions coming out of the UPC and as the court starts to establish itself a number of practice points are starting to emerge.
#
Litigation
​