Today, 1st June 2023, marks the long-awaited commencement of the Unified Patents Court (UPC) in Europe. As of today, newly granting European patents can be validated in the form of the new “unitary patent” (UP), as well as in the classical manner for individual EPC member states. The UP will cover 17 EU member states which have ratified the Agreement on a Unified Patent Court (UPCA), namely: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, and Sweden. In the future it is hoped that more states will ratify the UPCA so as to provide an even more extensive pan-European patent.
Ultimately, the new UPC will have exclusive jurisdiction over new UPs, classical European patents, SPCs relating to such patents, and European patent applications (with regard to entitlement actions and the like). However, during an initial transition period (scheduled to run for at least 7 years) actions relating to classic European patents, SPCs issued in relation to such patents and European patent applications will be able to be opted out of the UPC and so litigated before the national courts.
While the UPC system has encountered many difficulties in the decades long run-up to its inception, and some concerns remain over the potential for initial teething problems as the new court and the related operating systems are put to the test, WP Thompson is proud to be part of this historic occasion which marks the first truly international patent court for transnational competence in patent litigation in Europe.
We are also excited to offer our clients new services including representation before the new UPC and the obtaining of new UPs alongside our existing UK and European IP prosecution and litigation services.