Unified Patent Court starts working

On June 01, 2023, the Unified Patent Court (UPC) has started its active work. Patent practitioners speak of a new era in the european patent system. Indeed, it is now possible for the first time to enforce a patent in a single proceeding in numerous European countries. From now on, the new European Unified Patent Court will be competent for actions concerning the existence and enforcement of the future European patents with unitary effect. Such patents may arise from (conventional) European patents granted by the European Patent Office as of June 1, 2023, if the patent owner chooses this option after grant. In addition, however, the UPC also has jurisdiction over European patents already granted before 01.06.2023, provided that the proprietor has not withdrawn the patent from the jurisdiction of the UPC by an opt-out declaration. It is therefore to be expected that the first lawsuits will already be filed with the UPC from the start date (or shortly thereafter). The next months and years will show whether patent owners will make broad use of the new instruments or predominantly stick to the previous procedural channels. We have prepared ourselves intensively for both options and are available to our clients for advice and representation also in the new system. For further details, please refer to our previous NEWS on this subject.