The Unified Patent Court

The legal framework

The Unified Patent Court (UPC) is a patent court common to the participating EU states. It is established by the Agreement on a Unified Patent Court (UPCA) and began work on 1 June 2023. Eighteen states take part as of October 2026, including Germany, France, Italy and the Netherlands; Romania joined on 1 September 2024. Ireland has signed but not ratified, and its planned referendum was postponed in 2024. Spain, Poland and the United Kingdom are outside the system.

Structure

The Court of First Instance has local and regional divisions in participating states, and a central division with its seat in Paris and sections in Munich and Milan. The Court of Appeal sits in Luxembourg. Infringement actions go to a local or regional division, usually where the infringement occurs or where the defendant is established. Revocation actions brought on their own go to the central division.

Jurisdiction

The UPC has exclusive jurisdiction over Unitary Patents and, subject to the transitional rules below, over European patents in force in participating states (Art. 32 UPCA). It decides on infringement, revocation, declarations of non-infringement, provisional measures, damages and injunctions. A defendant sued for infringement can file a counterclaim for revocation in the same proceedings (Art. 33 UPCA). National patents are not within its jurisdiction.

A decision of the UPC takes effect in all participating states where the patent applies. This is the core attraction and the core risk: an injunction covers many markets in one decision, and a revocation removes the patent in all of them.

Procedure

Proceedings are front-loaded: the parties set out their facts, arguments and evidence in writing early on, followed by an interim phase and an oral hearing. The court aims to decide at first instance in around a year. The language of proceedings is in principle the language of the division, but the court's practice has made English common, and parties can ask to switch to the language in which the patent was granted. The UPC can order the preservation and inspection of evidence at the premises of an alleged infringer (Art. 60 UPCA) and grant provisional injunctions (Art. 62 UPCA).

Court fees consist of fixed fees and, above a threshold, value-based fees. As a rule the unsuccessful party bears the reasonable costs of the winner, up to a ceiling based on the value of the dispute (Art. 69 UPCA).

The opt-out

For seven years from 1 June 2023, extendable by up to seven more, national courts keep concurrent jurisdiction over European patents (Art. 83 UPCA). During this period the proprietor of a European patent, or an applicant, can opt out of the UPC for that patent, which keeps it exclusively with the national courts. The opt-out can be withdrawn, but it cannot be filed once an action concerning the patent has been brought before the UPC. Unitary Patents cannot be opted out.

In practice

A medical-device company holds a European patent validated in Germany, France, Italy and the Netherlands. A competitor starts to sell an infringing device in all four states. Without the UPC, the company would have to sue in several national courts. Within the UPC, one action before a competent division can lead to an injunction for the four states.

The same company also has to consider the reverse. A competitor who wants to clear the market can file a revocation action at the central division. If the patent falls, it falls in every participating state at once. That is why some proprietors opt out important patents, while others keep them in the UPC because they expect to enforce them more than they expect to defend them.

A chemicals group with a weaker, older patent family might opt out the family and rely on national proceedings, accepting that enforcement is more fragmented. Whether to opt out is a case-by-case decision based on how strong the patent is, how likely a central attack is and how much you value cross-border enforcement. It must be taken before anyone starts a UPC action.

For a Unitary Patent, there is no choice: the UPC is the only forum. That is one of the factors in choosing between the Unitary Patent and national validation. Our patent analysis function helps assess validity and claim scope before such a decision, the cost estimator puts the fees side by side, and the deadline system records each opt-out and the time limits that follow from it.

Frequently asked questions

Can I still sue in a national court?

For a national patent, yes. For a European patent that is not opted out, a national court and the UPC have concurrent jurisdiction during the transitional period. For a Unitary Patent, only the UPC is competent.

When must I decide on an opt-out?

Before any action is brought before the UPC concerning the patent. After that, the opt-out is no longer possible. The opt-out can also be withdrawn, again unless a national action has already been brought.

Is a UPC decision enforceable outside the participating states?

Its effect is limited to the states where the patent applies and that are party to the UPCA. For a patent validated in other states, such as Spain or Switzerland, national proceedings remain necessary.

What does a UPC action cost?

It depends on the value of the dispute and the complexity. Court fees are fixed by a published schedule, and the costs recoverable from the losing party are capped according to value. We discuss the budget for each case before it begins.

How this connects

Whether a patent should stay within the UPC is a question for your 360° patent strategy, together with the choice of route explained in the Unitary Patent.