The UPC is a new European patent litigation court that will provide a unified litigation path for European patents and unitary patents that have "not opted out" of the jurisdiction of the UPC. European unified patents will be litigated in UPC courts, while European patents that opt out of the unified patent will continue to be litigated in national courts. The jurisdiction of the UPC will also be extended to Supplementary Protection Certificate (SPC)-related litigation.
UPC currently covers 17 EU countries, including Germany, Italy, France and the Netherlands. Some EU countries, such as Ireland, have not ratified the Uniform Convention Agreement, while some countries, including Spain, have decided not to join the UPC. Non-EU countries in the European Patent Convention (EPC) system, including the United Kingdom and Switzerland, have announced that they will not join the UPC. The European Unitary Patent will not cover non-UPC countries, and therefore litigation in these countries will continue to be conducted in national courts.
Compared with the current national court litigation system in Europe, the benefits of UPC are as follows:
- Reduced costs of national litigation proceedings: By centralizing patent litigation in the UPC, the UPC is expected to reduce the overall cost of patent litigation cases that would otherwise need to be litigated in multiple national courts, and they will be able to take advantage of the UPC's streamlined procedures.
- Improved legal certainty: UPC decisions are binding on all member states and will help reduce the risk of inconsistent rulings from different countries and provide businesses and investors with more stable legal certainty.
- Faster resolution of disputes: The UPC’s procedures are more focused than those in some national courts, which facilitates faster resolution of litigation.
- Powerful remedies for patent holders: The UPC introduces powerful measures, including preliminary injunctions, as well as final remedies, which will be enforceable in all UPC member states or in all member states where European patents are already valid. This will increase the commercial value of European unitary patents that have not opted out.
- Centralized revocation for opponents: In addition to submitting objections to the EPO, opposition filers can now also focus on unexited European unitary patents.
European patent holders need to carefully consider their European validation strategy, and an opt-out patent will remain opt-out for the entire term unless the patent holder withdraws the opt-out request. (But you can withdraw your choice at any time).
The Unified Patent Convention is a major change and development in the field of patent litigation in Europe. It is expected to provide additional benefits over the existing system of national court proceedings and facilitate coordination among member states.
