UPC

The Unified Patent Court (UPC) and the European patent with unitary effect (Unitary Patent) may come into full force as early as 2022. A provisional period in which existing, granted European patents and applications may be opted-out from the UPC is expected to start in the months preceeding this. Find the latest news and insights of our Taylor Wessing UPC group on this page.

In this Q&A, we answer your questions regarding the UPC that will help you to assess whether the UPC system is advantageous or rather risky for your company and your IP assets. The first version of the Q&A has been published in GTDT Lexology in April 2021. The online version  with the  courtesy of GTDT Lexology can be accessed here. 

UPC news:

• 27.09.2021 - Germany ratified the Protocol on the Provisional Application of the UPCA (PAP Protocol)
• 12.08.2021 - The Agreement on a Unified Patent Court was published in the Bundesgesetzblatt Teil II (Federal Law Gazette) Part II and came into force on 13.08.2021.
• 13.07.2021 - The Unified Patent Court ("UPC") and Unitary Patents
• 09.07.2021 - The German Federal Constitutional Court rejects two applications for preliminary injunctions against the Agreement on a Unified Patent Court by its decision of June 23, 2021
• 22.01.2021 - New – presumably short – delay of the Unified Patent Court due to two constitutional complaints with expedited motions
• 28.12.2020 - Major step forward for the Unified Patent Court - German Bundesrat approves law on the Agreement on a Unified Patent Court

Useful links

• The UPC Agreement (PDF)
• Unitary Patent Regulation (PDF)
• Unified Patent Court
• Translations Regulation (PDF)
• 18th draft Rules of Procedure (15 March 2017 update) (PDF)