Unified Patent Court

The unitary patent system provides a new European patent right along with an entirely new court system (the Unified Patent Court or UPC) to hear disputes relating to both unitary patents and European patents validated in participating member states.

A fundamental aim of the UPC system is to provide fast and cost effective litigation of European patents. When compared to litigation in national courts across Europe, the UPC will provide more cost effective patent enforcement and revocation. Litigation will take place via a single action lodged at the UPC rather than separate actions across European courts.

Proceedings at the UPC will be predominantly based on written evidence and, in line with litigation on continental Europe, some of the more expensive aspects of common law litigation such as discovery and expert witness testimony are expected to be less common. Revocation actions will bear a close resemblance to EPO Opposition and Appeal proceedings, albeit with shorter deadlines and a shorter duration between launch and a final decision.

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