Two years of UPC patent litigation: key lessons for life sciences companies

The Unified Patent Court (UPC) has become a crucial forum for life sciences patent litigation. Early rulings show strict claim interpretation, careful review of European Patent Office oppositions, and limits on the Bolar exemption. The UPC has clarified infringement tests for second medical use claims and considers patient interests in injunctions. These developments emphasise precise patent strategy, regulatory alignment, and proactive risk management for pharma, biotech, and medical device sectors.

Two years in, the UPC has become a key forum for patent enforcement, offering swift preliminary injunctions across many EU states. Courts assess both infringement and patent validity rigorously, requiring applicants to act quickly and prepare thoroughly.

The United Patent Court (UPC) is increasingly influential in life sciences patent disputes, especially for pharmaceuticals, biotech, and medical devices. Handling 26% of infringement cases in this sector, the UPC offers faster, pan-European enforcement and is clarifying key legal issues. It’s becoming a crucial venue for protecting evolving life sciences innovations across Europe.

The Unified Patent Court (UPC), active since June 2023, is seeing strong uptake in pharma and biotech. Revocation decisions show a balanced 50:50 win rate for patentees and challengers. Key legal standards on novelty, obviousness, and inventive step are emerging, though some aspects remain unclear. Strategic use of the UPC offers broad enforcement, but revocation risks are higher for single-patent portfolios. Legal uncertainties, like the Bolar exemption, still need clarification.

The UPC now allows life sciences companies to enforce European patents more efficiently across multiple countries through its long-arm jurisdiction. This lets patent holders sue distributors based in UPC member states in a single action, even if products are sold or made in non-UPC countries. Following key rulings the UPC can issue cross-border injunctions covering several national patent parts, while respecting jurisdiction limits on patent validity challenges.