With the advent of the unitary patent (UP) and Unified Patent Court (UPC), the landscape of European patents is changing substantially.
A significant portion of Europe will have a one-stop shop for patent lawsuits thanks to the UPC. Local and regional UPC divisions stationed all throughout Europe that operate under a single, centralised judicial framework will be in charge of making decisions.
The implementation of the new system, which is predicted to occur in early 2023, will have an effect on the European patent filing and enforcement strategies of the enterprises across all industries.
The UP will exist alongside national patents and traditional European patents as a coexisting alternative (EPs). Without the necessity for national validation, it will grant patent protection in all participating states with a single patent registration.
For participating member states that have not "opted out" of the new system, the UPC is a new European court that will have exclusive jurisdiction over disputes relating to infringement and validity of UPs and traditional EPs. The UPC will lack the authority to hear or decide cases involving national patents. Therefore, UPC litigation will coexist with national patent litigation rather than replacing it.
In the transition period, there will be dual jurisdiction for traditional EPs that haven't opted out, and the claimant can choose whether to file a lawsuit in a national court or the UPC.
In addition to a Court of Appeal, the UPC will have a Court of First Instance with local, regional, and central divisions. Regarding the interpretation of EU legislation, references may be made to the Court of Justice of the EU.
Before the UPC, infringement claims, revocation claims, and certifications of non-infringement will all be handled differently.
Claims for infringement must be filed either with the local or regional division in the member state where the alleged infringement actually occurred or was threatened, or with the local or regional division in the state where the defendant resides, operates their principal place of business, or, in the absence of the first, their place of residence.
The central division will hear the case if neither of these circumstances apply or if the member state lacks a local or regional division.
Normally, non-infringement claims will be presented before the central division for revocation or declaration. Unless a local or regional division has already heard a case involving the same parties alleging infringement of the same patent. In that case, only the same local or regional division will have jurisdiction over these actions.
For a UP, all participating member states will be affected by UPC decisions. For a classical EP, the territory of those participating member states where the patent at issue has effect will be affected.
Similar to this, decisions made centrally that cancel patents or award relief such as preliminary injunctions (PIs) and final injunctions will be binding on all participating member states.
Regardless of industry, the UPC will present transformative potential for companies with operations in Europe, affecting patent filing and enforcement methods. It's critical to comprehend how this new system will affect your company and to modify your commercialization and litigation strategy for European patents accordingly.