UP & UPC
IP Cases & Articles
How to mitigate the risk of central revocation: want to avoid committing to a unitary patent? Here’s how to say “it’s not UPC, it’s me”
The Unified Patent Court (UPC) can be a valuable tool for patent proprietors. A shiny new unitary patent, unlike a classic European patent granted by the European Patent Office (EPO), provides uniform protection rather than a collection of national patent…
The threshold of synergy: when a combination becomes more than a mere aggregation before the UPC
Two recent decisions from the Unified Patent Court (UPC), Promosome v BioNTech/Pfizer and Maxell v Samsung, shed light on how the UPC evaluates the inventive step of claims containing multiple distinguishing features. While the UPC has not expressly adopted the…
Added matter at the UPC: a sticky situation
Two recent Unified Patent Court cases may have some implications for future added matter issues heard before the UPC, and in particular those concerning alleged intermediate generalisation. The decisions in both cases are also noteworthy when compared with EPO (European…
How far does UPC Local Division jurisdiction extend? Sinocare v Abbott Diabetes Care clarifies non-European manufacturer risk
The Unified Patent Court (UPC) Court of Appeal upheld The Hague Local Division’s decision to award a preliminary injunction preventing the Chinese manufacturer Sinocare, and its European distribution partner Menarini Diagnostics, from selling its continuous glucose monitoring (CGM) device “GlucoMen…
Defining the UPC’s long arm: Fujifilm v Kodak
Patent litigation in Europe has historically operated along strictly territorial lines. However, this changed when the Unified Patent Court (UPC) opened its doors in June 2023, enabling an infringement action to be initiated that would have effect in every participating…
FAQs & Guides
Guide to the Unified Patent Court (UPC)
This guide explains what the Unified Patent Court is, which patents and countries it covers, how jurisdiction works, when European patents can be opted out, where cases are filed, and what remedies, costs and procedures apply.
Guide to the unitary patent (UP)
In this guide we explain the key points of the unitary patent. We have published a separate guide to the UPC. Having entered into force on 01 June 2023, it is vital that users of the European patent system are…