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The Unified Patent Court (UPC) is a common supranational [2] patent court of 18 member states of the European Union, [3] which opened on 1 June 2023. It hears cases regarding infringement and revocation proceedings of European patents (regular European patents unless they were opted out and unitary patents). A single court ruling is directly ...
An opt-out most notably prevents a competitor from challenging the validity of the European patent centrally before the UPC (by filing an action for revocation before the UPC), thus allowing the proprietor to avoid putting all his eggs (i.e., all national parts of the European patent) in one basket.
Since then Unified has filed several IPRs against patent trolls (e.g. against PersonalWeb regarding patent 5,978,791). [15] In June and July 2016 Unified filed IPRs on patents belonging to the three most litigious NPEs of 2016: Uniloc , Sportbrain Holdings, and Shipping & Transit LLC, who together sued more than 200 companies in 2016.
A referendum on joining the Unified Patent Court was held in Denmark on 25 May 2014 alongside European Parliament elections. [1] The referendum was approved with 62.5% of the vote, enabling the government to proceed with the ratification of the Agreement on a Unified Patent Court, which constitutes the legal basis for the Unified Patent Court. [2]
The Agreement on the Unified Patent Court was signed in 2013 by Ireland and 25 EU member states. The Unified Patent Court started operations in 2023 for 17 EU members. The court settles disputes regarding European patents, including European patents with unitary effect. Entry into force of the agreement for Ireland would also mean that Ireland ...
A patent court is a court specializing in patent law, or having substantially exclusive jurisdiction over patent law issues. In some systems, such courts also have jurisdiction over other areas of intellectual property law , such as copyright and trademark .
The Unified Patent Court has exclusive jurisdiction in infringement and revocation proceedings involving European patents with unitary effect, and during a transition period non-exclusive jurisdiction regarding European patents without unitary effect in the states where the Agreement applies, unless the patent proprietor decides to opt out. [76]
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