The Unified Patent Court (UPC) and the European patent with unitary effect (Unitary Patent) may come into full force as early as 2021, depending on the outcome of a complaint filed in German Constitutional Court. 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. The UPC and Unitary Patent will introduce the most radical changes to patent litigation in Europe for 50 years.

These pages present the latest news and insights from Taylor Wessing's UPC group.

The Unified Patent Court guide

The Taylor Wessing UPC Group have published a useful, go-to guide covering all the key issues of the UPC and how it may affect your business.

• Chapter 1 – What are the UPC and the Unitary Patent
• Chapter 2 – UPC: What is the impact of the new system
• Chapter 3 – How long do proceedings on the merits take and what are the steps?
• Chapter 4 – How does opt-out work?
• Chapter 5 – The costs of using the UPC and the Unitary Patent
• Chapter 6 – Potential advantages and disadvantages for your business
• Chapter 7 – How can Taylor Wessing help you?
• Chapter 8 – The Taylor Wessing UPC Group

Our Unified Patent Court guide is currently being updated. 

Articles & PDF Downloads

• Common issues of direct and indirect infringement in Europe and the UPC
• The scope of protection of patent claims in Europe and the UPC
• Can you afford to litigate in the UPC?
• Going full circle: Bolar in Europe and the UPC (PDF) courtesy of BioScience Law Review
• Bifurcation in the Unified Patent Court (PDF)
• Judges in the Unified Patent Court– (PDF) courtesy of Intellectual Property Magazine

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)
• July 16, 2020: EU Commission welcomes a swift ratification of the UPC Agreement by Germany. 
  The EU Commission published its answer on the Parliamentary Question whether Germany could proceed with the ratification of the UPC despite the Brexit on July 15. It is of the view that the withdrawal of the United Kingdom from the European Union does not affect the ratification process of the Unified Patent Court Agreement in Germany. The EU Commission therefore welcomes a swift ratification of the Unified Patent Court Agreement by Germany. 
  See the question here  
  See the answer here