Since starting on June 1, 2023, the Unitary Patent Court (UPC) has changed how European patent disputes are handled. It quickly became key in patent infringement lawsuits. The UPC has dealt with many cases, showing it can handle complex legal issues across the European Union.
Recent numbers show the UPC has seen 373 cases. Most of these are in telecommunications, medical devices, and software/computing12.
The UPC is seeing a lot of action, with Germany’s Munich being a top spot for patent cases12. People from all over, like the US, Japan, Korea, and China, use the UPC to solve patent issues. This shows the UPC’s role on a global scale1.
Key Takeaways
- High uptake of litigation cases at the Unitary Patent Court since its initiation.
- Telecommunications, medical devices, and software/computing are key sectors in recent litigation cases1.
- Germany’s local divisions, particularly in Munich, play a significant role in European patent disputes12.
- The UPC caters to a global array of litigants, accentuating its importance on an international stage1.
- Transparency and language accommodation in the UPC endorse fairness in patent litigation, especially favouring SMEs2.
- Romania’s recent accession to the UPC agreement expands its market coverage and legal influence1.
- Engagement with early cautionary tales from the UPC emphasises the necessity of correct procedural actions3.
Overview of the Unified Patent Court (UPC) and Its Operations
The Unified Patent Court (UPC) has greatly changed European patent law. It now handles patent disputes and revocation actions across many countries.
The Establishment and Jurisdiction of the UPC
The UPC started on June 1, 2023. It deals with European patents and Unitary Patents. This means one decision from the UPC works the same in big EU countries like Germany, France, and Italy4.
Currently, 17 countries are part of the UPC. Romania is joining soon. This will make the UPC even more important4.
Statistics of Cases Filed Since Inception
In its first year, the UPC handled over 134 infringement actions and 39 revocation actions. This shows its key role in patent disputes5. Companies like Panasonic have chosen the UPC for big patent fights4.
- 160 cases were recorded in the first year, with most in German divisions5.
- The Munich division handled 54 cases, showing its importance5.
- The Paris division, key for revocation actions, had 21 cases5.
Comparative Popularity of Local Divisions
Most patent cases are filed in Germany. This is because of the UPC’s structure. It has 12 countries with local divisions and three divisions for different actions6.
The UPC speeds up patent cases and has tools like protective letters, which help keep the process fair, as seen in the myStromer case4.
Analysis of Unitary Patent Court: Recent Litigation Cases
The Unitary Patent Court is changing fast. Patent revocation actions and Standard Essential Patent (SEP) cases are key in tech and telecom. Every month, the court sees many patent infringement cases. This shows the demand and legal battles in this field7.
SEP cases and FRAND disputes are common in electrical engineering and ICT. These areas account for 39.8% and 38.5% of all patents, respectively. This shows their importance and the high stakes in keeping things competitive7.
Patent revocation actions are also important. On average, two cases happen every month. These cases talk about the strength of patents and FRAND terms. Most of these cases are in instruments and electrical engineering, making up 36% and 28% of cases7.
The Unitary Patent Court’s structure is also key. It started on 1 June 2023 with new rules for patent disputes8. It has fixed and value-based fees to clarify things for those involved in patent cases8.
The court has a Court of First Instance and a Court of Appeal, which includes the Full Court of Appeal for big cases. This shows the court’s big role in handling cases across Europe. It ensures patent law is applied the same everywhere8.
| Category | % of Infringement Cases | % of Revocation Cases |
|---|---|---|
| Electrical Engineering | 39.8% | 28% |
| ICT | 38.5% | N/A |
| Instruments | 22.6% | 36% |
| Mechanical Engineering | 16% | 8% |
| Chemistry | 13% | 8% |
The unitary patent system has changed the legal scene since June 2023. It offers a place to solve complex patent issues. It covers many technologies and types of patent cases. This brings both challenges and chances for innovators and lawyers8.
Distribution of Cases Across European Local Divisions
The UPC has changed how patent cases are handled in Europe, as evidenced by the different types and places of cases. Software, biotechnology, and other patent disputes are most affected.
Munich’s Prominent Role in Patent Litigation
Munich is key for patent cases in the UPC. It deals with many cases, especially in biotechnology and software. Last year, it got 54 cases, with 23 infringement actions and 24 revocation counterclaims910.
Central Division in Paris: Focal Point for Revocation Actions
Paris’s central division is important for revocation actions. Last year, it handled 20 revocation actions, which shows its role in solving key patent disputes in Europe10. The UPC aims to make patent cases smoother and more consistent9.
German and French Local Divisions: A Litigation Landscape
German and French divisions lead in patent cases. Munich and Düsseldorf in Germany focus on medical and communication technology, making Germany a key place for complex patent cases10.
In France, Paris and other divisions are also active. They manage a mix of cases, including biotechnology patent disputes. This shows the UPC’s ability to handle cases efficiently9.
The UPC aims to provide a unified yet varied judicial approach to patent cases. This strategy ensures cases are handled well and experts deal with each dispute’s specifics.
Language and Litigants in UPC Proceedings
The European patent disputes landscape is shaped by language choices and litigant profiles at the Unitary Patent Court (UPC). The UPC allows proceedings in multiple languages, reflecting the diverse linguistic landscape of its member states. German and English are the most used, showing their key role in European patent law.
German is the main language used in UPC proceedings and is used in 49% of cases. This shows Germany’s strong role and legal readiness before the UPC started11. English is used in 40% of cases, which is expected to rise. This highlights the importance of speaking multiple languages, especially in complex patent cases.
The Unitary Patent Court supports 18 official languages, but English, German, or French are mainly used for patents11. This diversity has benefits and challenges. It helps keep proceedings efficient and ensures justice is accessible in all local divisions.
Big companies like Siemens, Johnson & Johnson, Ericsson, Qualcomm, and Samsung are very active at the UPC and hold many Unitary Patents. Their frequent use of the UPC shows its key role in patent disputes in tech and pharma.
The following table shows the language use and key corporate participants in UPC proceedings:
| Languages Used | Percentage | Key Corporate Participants |
|---|---|---|
| German | 49% | Siemens, Ericsson, Qualcomm |
| English | 40% | Johnson & Johnson, Samsung |
Conclusion
The Unitary Patent Court (UPC) is a key body for European patent disputes. It offers a fast and efficient way to solve issues across borders. Recent cases show the UPC’s ability to adapt and uphold high standards.
The Central Division in Milan is a big step for the UPC. It handles important areas like agriculture and pharmaceuticals. Romania joining as the 18th member state also grows the court’s reach12.
The German and French divisions, like Munich and Paris, are key for patent cases. They’ve seen many cases, including big ones like 10x Genomics v. Curio Bioscience Inc. and Dyson Technology Ltd. v. SharkNinja Europe Ltd12. The UPC’s first big decision in Franz Kaldewei v Bette shows it can make clear and strong rulings13.
In its first year, the UPC saw about ten infringement cases a month. Decisions jumped dramatically in the last six months14. Most of these cases are in Germany, which shows its important role in European patents14.
The UPC can handle many technical fields, from electrical engineering to pharmaceuticals. This shows its strong skills and makes it a key part of European intellectual property law14.
Source Links
- The Unified Patent Court One Year On – A Deeper Dive – Intellectual Property Law – Reddie & Grose – https://www.reddie.co.uk/2024/06/13/the-unified-patent-court-one-year-on-a-deeper-dive/
- The Unified Patent Court: What We Learned in Year 1 – https://www.finnegan.com/en/insights/articles/the-unified-patent-court-what-we-learned-in-year-1.html
- UPC Latest updates – HLK – https://www.hlk-ip.com/unitary-patent-unified-patent-court/latest-updates/
- Latest unitary patent & unified patent court insights to help you decide – https://www.greyb.com/blog/overview-of-unitary-patent-unified-patent-court/
- Takeaways from the Inaugural Year of the EU Unified Patent Court | Insights | Ropes & Gray LLP – https://www.ropesgray.com/en/insights/alerts/2024/07/takeaways-from-the-inaugural-year-of-the-eu-unified-patent-court
- Lead Article: Overview of the Unified Patent Court and the Unitary Patent System – February 2023 – https://www.quinnemanuel.com/the-firm/publications/lead-article-overview-of-the-unified-patent-court-and-the-unitary-patent-system-february-2023/
- Understanding the UPC: Analyzing the impact of the Unitary Patent Court’s first operational year – https://www.lexology.com/library/detail.aspx?g=d08b5184-1bc9-4a55-a991-40079eb63cf6
- UPC – https://www.taylorwessing.com/en/insights-and-events/insights/upc
- Unified Patent Court (UPC) | epo.org – https://www.epo.org/en/applying/european/unitary/upc
- Patents: Case law of the Unified Patent Court’s first nine months – https://www.lexology.com/library/detail.aspx?g=8200d320-7119-4ad6-8747-93f9f64894ef
- Languages at the Unified Patent Court – HLK – https://www.hlk-ip.com/languages-at-the-unified-patent-court/
- Legal Lens on the Unified Patent Court | June 2024 – https://www.mwe.com/insights/legal-lens-on-the-unified-patent-court-june-2024/
- UPC Issues Injunction in Bold First Decision on the Merits – https://ipwatchdog.com/2024/07/08/upc-issues-injunction-bold-first-decision-merits/id=178659/
- Clarivate Reveals First Year of Unitary Patent Court Litigation Activity – https://www.prnewswire.com/news-releases/clarivate-reveals-first-year-of-unitary-patent-court-litigation-activity-302192425.html