Intellectual property

Patents: creation of the Unified Patent Court (UPC)

Publié le 13 décembre 2022 - Mise à jour le 09 novembre 2023 - Legal and Administrative Information Directorate (Prime Minister)

Since 1er April 2023, the Unified Patent Court is effective. The aim of that court is to harmonize patent law in the European Union. It is the first supranational jurisdiction in Europe in civil law matters.

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Image 1Crédits: © Olivier Le Moal - stock.adobe.com

Role of the Unified Patent Court (UPC)

The Unified Patent Court (UPC) is an international court established by the Agreement of 19 February 2013 on a Unified Patent Court. Its role is to take a decision on 1er April 2023 on litigation relating to the infringement and validity of European unitary patents and European patents without unitary effect.

Since the UPC has exclusive competence in this area, national courts and authorities will no longer rule on the validity of European patents. The objective is to harmonize patent law, since the decisions of this court will apply to all 24 State Parties to the Agreement.

Composition of the Unified Patent Court (UPC)

The UPC shall consist of:

  • a registry (located in Luxembourg);
  • a court of first instance, which will include a central division in Paris and local and regional divisions;
  • of a Court of Appeal (Luxembourg).

Benefits of the Unified Patent Court (UPC)

For companies, the creation of this Unified Patent Court has many advantages:

  • harmonization of patent law within the European Union;
  • ensuring fair competition;
  • saving time in patent court decisions (and ending ‘forum shopping’);
  • greater legal certainty;
  • reduction of costs for the defense of securities.

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