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The Unified Patent Court (UPC) is a common supranational [2] patent court of 18 member states of the European Union, [3] which opened on 1 June 2023. It hears cases regarding infringement and revocation proceedings of European patents (regular European patents unless they were opted out and unitary patents). A single court ruling is directly ...
The Agreement on the Unified Patent Court was signed in 2013 by Ireland and 25 EU member states. The Unified Patent Court started operations in 2023 for 17 EU members. The court settles disputes regarding European patents, including European patents with unitary effect. Entry into force of the agreement for Ireland would also mean that Ireland ...
An opt-out most notably prevents a competitor from challenging the validity of the European patent centrally before the UPC (by filing an action for revocation before the UPC), thus allowing the proprietor to avoid putting all his eggs (i.e., all national parts of the European patent) in one basket.
The Unified Patent Court has exclusive jurisdiction in infringement and revocation proceedings involving European patents with unitary effect, and during a transition period non-exclusive jurisdiction regarding European patents without unitary effect in the states where the Agreement applies, unless the patent proprietor decides to opt out. [76]
a Unified Patent Court (UPC) competent for the member states of the Unified Patent Court Agreement (UPCA). The enforcement of European patents is conducted and decided either at a national level, i.e. before national courts, [1] or at the UPC level, for European patents with unitary effect and European patents that have not been opted out.
However, European patents are enforced at a national level, i.e. on a per-country basis, or, since June 1, 2023, before the Unified Patent Court (UPC). Under Article 64(3) EPC , "any infringement of a European patent shall be dealt with by national law," with the European Patent Office having no legal competence to deal with and to decide on ...
With the entry into force of the Unified Patent Court Agreement, patent proprietors also have the possibility to request unitary effect for European patents: which means that the European patent after grant will be regarded a single undividable patent for those EU countries that participate. For the latter patents, the Unified Patent Court will ...
A patent court is a court specializing in patent law, or having substantially exclusive jurisdiction over patent law issues. In some systems, such courts also have jurisdiction over other areas of intellectual property law , such as copyright and trademark .