The Unified Patent Court and the Unitary Patent

In 2023, the Unified Patent Court and the Unitary Patent will change the landscape of intellectual property in Europe and beyond. With the Unified Patent Court, it will be possible to litigate one patent across 17 European countries with a single complaint. The Unitary Patent will offer patent protection in all these countries without the need for national validation.

BARDEHLE PAGENBERG answers all your questions on how to obtain a Unitary Patent, how to opt-out your existing European patents, applicable transitional periods, the new opportunities for double patenting, enforcement, and defense strategies at the Unified Patent Court, costs and fees and all other relevant aspects to ensure your patent portfolio and strategy is optimized for the new system.

The Unified Patent Court and the Unitary Patent have a bearing on the following legal areas: Patent LitigationOppositions and NullityLicensing & Technology TransferEmployee InventionsPatent ProsecutionAntitrust lawPatent ValuationDue Diligence and Trade Secrets.

To get informed about current insights and tips, please take a look at the articles, webinars, videos, and IP Brochures below.

Untangling the UPC: What in-house patent experts need to know now

JUVE PATENT and BARDEHLE PAGENBERG invited in-house IP counsel and expert guests from selected tech firms to an informal in-house IP networking event.

The Unified Patent Court opened for business on 1 June; 20 days in, we wanted to reflect on this historic milestone and explore what the future will bring.

The first few months of this new dawn in global patent litigation will be critical and present companies with new challenges. A whole new body of case law will evolve, and judges will have to settle into their new roles on international panels. To begin with, the UPC Agreement is wide open to interpretation.

The event was an exclusive opportunity to discuss with journalists from JUVE PATENT, industry representatives, lawyers, and patent attorneys from the IP boutique BARDEHLE PAGENBERG what in-house experts need to know for the first 12 months of the new European patent court.

This event was aimed at in-house IP counsel who deal with litigation in Europe across a wide range of industries, be it from the claimant or defendant side. It was an opportunity to evaluate new methodologies, learn through the experiences of their peer group, and discuss how the UPC will change the game in European and global patent litigation.

Read our summary with insightful facts and figures, shared by the speakers, at JUVE PATENT.

IP Event
Patent Litigation

Date

L'événement a déjà eu lieu.

Adresse
Hybrid: BARDEHLE PAGENBERG Partnerschaft mbB, together with JUVE PATENT (in person and online)
Prinzregentenplatz 7
81675 Munich

Langue de la Conférence
Anglais

Téléchargements

We are happy to share the presentation of our keynote speaker Prof. Leistner with you.
Feel free to download the slides here:

Keynote: "How will the UPC and the CJEU harmonize global patent law" Prof. Dr. Leistner, LMU MunichPDF

Agenda

3 pm

Registration | Networking

4 pm

Welcome Address | Introduction

Mathieu Klos, Editor JUVE PATENT (Host)

Opening Keynote: "How will the UPC and the CJEU harmonize global patent law"

Prof. Dr. Leistner, Professor for Civil Law and Intellectual Property Law at the Faculty of Law of Ludwigs-Maximilian-Universität München

Panel 1: Three weeks into the UPC – observations and predictions

This panel addressed the following aspects:

  • Statistics: number of cases filed, local divisions seized, number of preliminary injunctions requests including timeline
  • How will decisions be made at the UPC?
  • Will national litigation be replaced?
  • Will national case law be influenced by the UPC?
  • Chances and risks of a developing system (e.g. potential impact by the draft SEP Regulation

    Panel 2: Franco-German UPC Litigation Strategies

    This panel addressed the following aspects:

    • The UPC perception of the French and German stakeholders
    • The Franco-German influence at the UPC
    • Role of the German and French divisions of the UPC
    • Forum shopping and multi-patent litigation
    • Effective saisie contrefacon strategies (offensive and defensive)
    • Hybrid litigation strategies

    Final closing remarks

    Mathieu Klos, Editor JUVE PATENT

    Prof. Dr. Tilman Müller-Stoy, Attorney-at-Law, Certified IP lawyer, Commercial Mediator (MuCDR), UPC Representative, Partner BARDEHLE PAGENBERG

    7 pm

    Networking: Drinks and snacks on the rooftop terrace and in the lounge area

    Impressions

    Unified Patent Court

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    Untangling the UPC: What in-house patent experts need to know now

    JUVE PATENT and BARDEHLE PAGENBERG invited in-house IP counsel and expert guests from selected tech firms to an informal in-house IP networking event.

    The Unified Patent Court opened for business on 1 June; 20 days in, we wanted to reflect on this historic milestone and explore what the future will bring.

    The first few months of this new dawn in global patent litigation will be critical and present companies with new challenges. A whole new body of case law will evolve, and judges will have to settle into their new roles on international panels. To begin with, the UPC Agreement is wide open to interpretation.

    The event was an exclusive opportunity to discuss with journalists from JUVE PATENT, industry representatives, lawyers, and patent attorneys from the IP boutique BARDEHLE PAGENBERG what in-house experts need to know for the first 12 months of the new European patent court.

    This event was aimed at in-house IP counsel who deal with litigation in Europe across a wide range of industries, be it from the claimant or defendant side. It was an opportunity to evaluate new methodologies, learn through the experiences of their peer group, and discuss how the UPC will change the game in European and global patent litigation.

    Read our summary with insightful facts and figures, shared by the speakers, at JUVE PATENT.

    IP Event
    Patent Litigation

    Date

    L'événement a déjà eu lieu.

    Adresse
    Hybrid: BARDEHLE PAGENBERG Partnerschaft mbB, together with JUVE PATENT (in person and online)
    Prinzregentenplatz 7
    81675 Munich

    Langue de la Conférence
    Anglais

    Téléchargements

    We are happy to share the presentation of our keynote speaker Prof. Leistner with you.
    Feel free to download the slides here:

    Keynote: "How will the UPC and the CJEU harmonize global patent law" Prof. Dr. Leistner, LMU MunichPDF

    Agenda

    3 pm

    Registration | Networking

    4 pm

    Welcome Address | Introduction

    Mathieu Klos, Editor JUVE PATENT (Host)

    Opening Keynote: "How will the UPC and the CJEU harmonize global patent law"

    Prof. Dr. Leistner, Professor for Civil Law and Intellectual Property Law at the Faculty of Law of Ludwigs-Maximilian-Universität München

    Panel 1: Three weeks into the UPC – observations and predictions

    This panel addressed the following aspects:

    • Statistics: number of cases filed, local divisions seized, number of preliminary injunctions requests including timeline
    • How will decisions be made at the UPC?
    • Will national litigation be replaced?
    • Will national case law be influenced by the UPC?
    • Chances and risks of a developing system (e.g. potential impact by the draft SEP Regulation

      Panel 2: Franco-German UPC Litigation Strategies

      This panel addressed the following aspects:

      • The UPC perception of the French and German stakeholders
      • The Franco-German influence at the UPC
      • Role of the German and French divisions of the UPC
      • Forum shopping and multi-patent litigation
      • Effective saisie contrefacon strategies (offensive and defensive)
      • Hybrid litigation strategies

      Final closing remarks

      Mathieu Klos, Editor JUVE PATENT

      Prof. Dr. Tilman Müller-Stoy, Attorney-at-Law, Certified IP lawyer, Commercial Mediator (MuCDR), UPC Representative, Partner BARDEHLE PAGENBERG

      7 pm

      Networking: Drinks and snacks on the rooftop terrace and in the lounge area

      Impressions

      Show all UPC Events

      See topical info on the Unitary Patent and the Unified Patent Court at a glance!

      Download brochure

      Untangling the UPC: What in-house patent experts need to know now

      JUVE PATENT and BARDEHLE PAGENBERG invited in-house IP counsel and expert guests from selected tech firms to an informal in-house IP networking event.

      The Unified Patent Court opened for business on 1 June; 20 days in, we wanted to reflect on this historic milestone and explore what the future will bring.

      The first few months of this new dawn in global patent litigation will be critical and present companies with new challenges. A whole new body of case law will evolve, and judges will have to settle into their new roles on international panels. To begin with, the UPC Agreement is wide open to interpretation.

      The event was an exclusive opportunity to discuss with journalists from JUVE PATENT, industry representatives, lawyers, and patent attorneys from the IP boutique BARDEHLE PAGENBERG what in-house experts need to know for the first 12 months of the new European patent court.

      This event was aimed at in-house IP counsel who deal with litigation in Europe across a wide range of industries, be it from the claimant or defendant side. It was an opportunity to evaluate new methodologies, learn through the experiences of their peer group, and discuss how the UPC will change the game in European and global patent litigation.

      Read our summary with insightful facts and figures, shared by the speakers, at JUVE PATENT.

      IP Event
      Patent Litigation

      Date

      L'événement a déjà eu lieu.

      Adresse
      Hybrid: BARDEHLE PAGENBERG Partnerschaft mbB, together with JUVE PATENT (in person and online)
      Prinzregentenplatz 7
      81675 Munich

      Langue de la Conférence
      Anglais

      Téléchargements

      We are happy to share the presentation of our keynote speaker Prof. Leistner with you.
      Feel free to download the slides here:

      Keynote: "How will the UPC and the CJEU harmonize global patent law" Prof. Dr. Leistner, LMU MunichPDF

      Agenda

      3 pm

      Registration | Networking

      4 pm

      Welcome Address | Introduction

      Mathieu Klos, Editor JUVE PATENT (Host)

      Opening Keynote: "How will the UPC and the CJEU harmonize global patent law"

      Prof. Dr. Leistner, Professor for Civil Law and Intellectual Property Law at the Faculty of Law of Ludwigs-Maximilian-Universität München

      Panel 1: Three weeks into the UPC – observations and predictions

      This panel addressed the following aspects:

      • Statistics: number of cases filed, local divisions seized, number of preliminary injunctions requests including timeline
      • How will decisions be made at the UPC?
      • Will national litigation be replaced?
      • Will national case law be influenced by the UPC?
      • Chances and risks of a developing system (e.g. potential impact by the draft SEP Regulation

        Panel 2: Franco-German UPC Litigation Strategies

        This panel addressed the following aspects:

        • The UPC perception of the French and German stakeholders
        • The Franco-German influence at the UPC
        • Role of the German and French divisions of the UPC
        • Forum shopping and multi-patent litigation
        • Effective saisie contrefacon strategies (offensive and defensive)
        • Hybrid litigation strategies

        Final closing remarks

        Mathieu Klos, Editor JUVE PATENT

        Prof. Dr. Tilman Müller-Stoy, Attorney-at-Law, Certified IP lawyer, Commercial Mediator (MuCDR), UPC Representative, Partner BARDEHLE PAGENBERG

        7 pm

        Networking: Drinks and snacks on the rooftop terrace and in the lounge area

        Impressions

        Interested in more IP Videos?

        Visit our YouTube Channel with best practice tips on intellectual property.

        Watch our tips on IP

        Show all UPC Videos

        Untangling the UPC: What in-house patent experts need to know now

        JUVE PATENT and BARDEHLE PAGENBERG invited in-house IP counsel and expert guests from selected tech firms to an informal in-house IP networking event.

        The Unified Patent Court opened for business on 1 June; 20 days in, we wanted to reflect on this historic milestone and explore what the future will bring.

        The first few months of this new dawn in global patent litigation will be critical and present companies with new challenges. A whole new body of case law will evolve, and judges will have to settle into their new roles on international panels. To begin with, the UPC Agreement is wide open to interpretation.

        The event was an exclusive opportunity to discuss with journalists from JUVE PATENT, industry representatives, lawyers, and patent attorneys from the IP boutique BARDEHLE PAGENBERG what in-house experts need to know for the first 12 months of the new European patent court.

        This event was aimed at in-house IP counsel who deal with litigation in Europe across a wide range of industries, be it from the claimant or defendant side. It was an opportunity to evaluate new methodologies, learn through the experiences of their peer group, and discuss how the UPC will change the game in European and global patent litigation.

        Read our summary with insightful facts and figures, shared by the speakers, at JUVE PATENT.

        IP Event
        Patent Litigation

        Date

        L'événement a déjà eu lieu.

        Adresse
        Hybrid: BARDEHLE PAGENBERG Partnerschaft mbB, together with JUVE PATENT (in person and online)
        Prinzregentenplatz 7
        81675 Munich

        Langue de la Conférence
        Anglais

        Téléchargements

        We are happy to share the presentation of our keynote speaker Prof. Leistner with you.
        Feel free to download the slides here:

        Keynote: "How will the UPC and the CJEU harmonize global patent law" Prof. Dr. Leistner, LMU MunichPDF

        Agenda

        3 pm

        Registration | Networking

        4 pm

        Welcome Address | Introduction

        Mathieu Klos, Editor JUVE PATENT (Host)

        Opening Keynote: "How will the UPC and the CJEU harmonize global patent law"

        Prof. Dr. Leistner, Professor for Civil Law and Intellectual Property Law at the Faculty of Law of Ludwigs-Maximilian-Universität München

        Panel 1: Three weeks into the UPC – observations and predictions

        This panel addressed the following aspects:

        • Statistics: number of cases filed, local divisions seized, number of preliminary injunctions requests including timeline
        • How will decisions be made at the UPC?
        • Will national litigation be replaced?
        • Will national case law be influenced by the UPC?
        • Chances and risks of a developing system (e.g. potential impact by the draft SEP Regulation

          Panel 2: Franco-German UPC Litigation Strategies

          This panel addressed the following aspects:

          • The UPC perception of the French and German stakeholders
          • The Franco-German influence at the UPC
          • Role of the German and French divisions of the UPC
          • Forum shopping and multi-patent litigation
          • Effective saisie contrefacon strategies (offensive and defensive)
          • Hybrid litigation strategies

          Final closing remarks

          Mathieu Klos, Editor JUVE PATENT

          Prof. Dr. Tilman Müller-Stoy, Attorney-at-Law, Certified IP lawyer, Commercial Mediator (MuCDR), UPC Representative, Partner BARDEHLE PAGENBERG

          7 pm

          Networking: Drinks and snacks on the rooftop terrace and in the lounge area

          Impressions

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          FAQ - General questions on the Unified Patent Court and the Unitary Patent


          A Unitary Patent is a European patent for which, after grant, unitary effect has successfully been requested by the proprietor. A traditional European bundle patent granted by the EPO needs to be validated in the respective member states of the EPO and annuities have to be paid to the respective national patent offices to keep the patent in force in the respective members states. In contrast, for a Unitary Patent only a single annuity has to be paid, centrally to the EPO. That also means that the Unitary Patent cannot be partly abandoned in selected countries via non-payment of the respective national annuity.


          For all European patents granted on or after the date of entry into force of the UPC Agreement (June 1, 2023), unitary effect can be requested within one month after grant.
           


          The Unified Patent Court will not only be competent for Unitary Patents but also for all existing and future European bundle patents. By filing an opt-out, the respective European bundle patent is removed from the jurisdiction of the Unified Patent Court. It can then only be litigated on a national level, unless the opt-out is withdrawn. If an opt-out is withdrawn, the patent cannot be opted out again. Note that Unitary Patents cannot be opted out.


          Opting out a patent removes it from the competence of the Unified Patent Court. Hence, it can no longer be attacked by central revocation proceedings at the Unified Patent Court. This may be a reason to file an opt-out. To bring the Unified Patent Court back into the game, e.g., to assert a patent at the Unified Patent Court after having filed an opt-out, the opt-out can be withdrawn. However, a withdrawal is no longer possible if national proceedings have been initiated, e.g., if a national nullity action has been filed. The risk of not being able to get back into the Unified Patent Court system may be a reason not to opt-out.


          The language of proceedings at the UPC central division will be that in which the patent was granted (English, German, or French). At a local or regional division, the language of the proceedings may be national language of the respective countries or one of the official languages of the EPO (English, German, or French) if so designated by the respective countries of the local or regional division.


          Currently, there are 17 member states: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, and Sweden.


          The infringement of Unitary Patents can only be asserted at the Unified Patent Court. The infringement of national patents can only be asserted at the respective national courts. For European bundle patents there is a transitional period of 7 years during which infringement can be asserted both at the Unified Patent Court and at national courts in countries in which the patent is validated, unless the patent is opted out, in which case only the national courts have jurisdiction. This dual jurisdiction is not affected by the initiation of actions at the Unified Patent Court or at a national court, i.e., even if a European bundle patent is asserted against an infringer at a national court, it can later still be asserted at the Unified Patent Court and vice versa.


          Patent infringement proceedings at the Unified Patent Court will have a strict and tight schedule which intends a first instance decision within 10-12 months. Any decision will cover all member states of the Unified Patent Court. The Unified Patent Court has appointed the leading patent judges in Europe, most of whom have previously been presiding judges at the leading national patent courts in the member states. This ensures highest quality at the Unified Patent Court. Also, the court fees are rather low and the recoverable costs are rather high, which makes the Unified Patent Court attractive for plaintiffs.