Experience

Unitary Patent System (UPS) and the Unified Patent Court (UPC)

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To navigate the UPC forum, you need experienced European patent attorneys

Since its launch on 1 June 2023, the Unified Patent Court (UPC) has transformed the landscape of European patent litigation, offering a streamlined forum for enforcing and challenging patents across multiple jurisdictions. Finnegan was among the first firms to file an action in the UPC, demonstrating its deep focus on navigating this new system. Our European patent litigators and European patent attorneys provide comprehensive guidance on UPC strategy, including infringement and revocation actions. Our team is fully authorized to represent clients before the UPC, ensuring robust advocacy in high-stakes disputes. Additionally, we assist clients in opting out (and back in) of the UPC’s jurisdiction during the transitional period, which (unless not prolonged for another seven years) ends in 2030, and tailoring strategies to their specific business needs.

Strategic Advantages of the UPC

The UPC provides a centralized venue for enforcing European patents granted by the European Patent Office (EPO), covering currently 18 European Union member states (i.e., Germany, France, Italy, Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovenia, and Sweden). This unified approach allows patent holders to secure rights across multiple member states through a single court action, significantly reducing litigation complexity and costs.

With Finnegan’s early experience in UPC proceedings, our attorneys emphasize the rapid pace of litigation. Preliminary injunctions—which can apply across multiple UPC member states—are available, making swift strategic action essential for both patentees and challengers.

Revocation Actions and Market Strategy

The UPC is also a powerful forum for revocation of European patents and Supplementary Protection Certificates (SPCs). Companies seeking to clear the path for product launches can leverage the UPC’s jurisdiction to invalidate patents across multiple countries in a single proceeding, offering a decisive advantage in competitive markets.

Unitary Patents: A Game-Changer for Applicants

Coinciding with the UPC’s opening, the EPO began granting European Patents with Unitary Effect (Unitary Patents). These patents provide uniform protection across all 18 participating member states, reducing administrative burdens and lowering maintenance costs compared to traditional national patents. Unitary Patents can be asserted and challenged before the UPC, further enhancing their strategic value.

As the UPC continues to evolve, Finnegan remains at the forefront, leveraging its practical experience to help clients navigate this transformative patent system with confidence.

For more information, visit our Unified Patent Court (UPC) Hub.