The UPC System

Overview

The biggest change in decades in the grant and enforcement of patents in Europe is on its way with the planned introduction of a new European patent system. This new system will create opportunities, as well as risks, so it is vital to fully understand the changes and implications for your Intellectual Property strategy.

The new system will revolve around two new features: the Unitary Patent (UP) and the Unified Patent Court (UPC). The UP will be a single patent right covering most of the EU as an alternative to conventional European Patents (EPs). The UPC will act as a single litigation forum for disputes involving not only UPs but also EPs.

Although the target date of May 2017 is likely to slip as a result of the UK’s vote to leave the European Union, preparations to bring the new system into force are continuing and it is likely that the UP and UPC will still go ahead in the near future despite “Brexit”.  It is even possible that a way may be found to allow the UK to participate in the system after leaving the EU.

Whether or not the UK ultimately takes part in the new system, Dehns will remain fully involved and will continue to be able to represent its clients in all UP and UPC-related matters.  Dehns is already advising its clients on how to adapt their IP strategies and take full commercial advantage of the opportunities provided by the UP system, while also taking into account the risks and potential pitfalls.

As one of the leaders in IP litigation, with an experienced team of fully qualified patent attorneys and litigation experts, Dehns will continue to provide high quality, clear and commercially focused litigation advice on a pan-European basis now, and also once the UPC is open for business.

UPC Mini Guide


Click on the image below to download our UPC mini-guide.

Latest UPC News

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Although the surprise announcement that there will be an early General Election in the UK means that the final stages of the UK's procedure for ratifying the Unified Patent Court Agreement (UPCA) have temporarily been put on hold, Germany has...
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In a surprise announcement this morning, British Prime Minister Theresa May declared that she will seek Parliament's approval for a general election on 8 June.   As many readers will know, the Unitary Patent and Unified Patent Court cannot...
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Following the official start of the negotiations for British withdrawal from the EU, the UK Intellectual Property Office (UKIPO) has updated its  guidance  on the consequences of Brexit for intellectual property rights in the UK.   The...
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Brexit Begins: what does this mean for your patents?   A few minutes ago the UK's ambassador to the EU handed over the "Article 50" notice which formally begins the UK's departure from the European Union.  While the...
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According to a new announcement on the Unified Patent Court's website, the Preparatory Committee is now working on an assumption that the court will become fully operational in December 2017. Prior to this date there will be a "sunrise...
UPC Query?

If you have a specific UPC query that you would like to discuss with us, please:

Email us at upc@dehns.com

Tel: +44 207 632 7200

UPC Brochure
Dehns Guide UP and UPC Brochure

Click HERE to download the Dehns Guide to the Unitary Patent and the Unified Patent Court.