Unified Patent Court (UPC)

The Unified Patent Court (UPC) and the European patent with unitary effect (Unitary Patent) are revolutionizing the way patents are enforced in Europe. Our intellectual property team is deeply familiar with the patent landscape in Europe and the United States and is well-positioned to advise clients on developing an appropriate UPC plan of action and integrating it with their broader international strategy.

IAM Patent 1000 recognizes McDermott as a recommended firm in the UPC category

Our Intellectual Property Practice Group is once again recognized in the IAM Patent 1000 for our high-stakes client work. Notably, this year the group achieved a ranking as a Recommended Firm in the new Unified Patent Court category.

IAM Patent 1000 notes that firms listed in this category “have emerged as dominant authorities at the UPC” and have demonstrated “their ability to effectively handle the demanding deadlines of the new pan-European forum.”

Insights

UPC news

Additional UPC articles

Unitary Patent & UPC reports

Blog posts

CJEU Recognizes Cross-Border Jurisdiction of National Courts, Long-Arm Jurisdiction of UPC, March 6, 2025

UPC Court of Appeal Rules on Suspending First Instance Enforcement, Managing Director Liability, November 21, 2024

EU Unified Patent Court Announces Intent to Launch, October 20, 2022

European UPC All Set for Set Up as Protocol Enters into Force, January 27, 2022

European UPC Almost Ready to Launch as Austrian Parliament Approves Ratification, December 9, 2021

Only One More Ratification Needed: European UPC Might Be Ready to Launch, October 7, 2021

Unified at Last? Germany’s Constitutional Court Removes UPC Hurdle, July 22, 2021

In the news

Leveraging Strength: How US Firms are Recruiting UPC Talent, Managing IP, November 27, 2024

SEPs, Medical Devices, E-cigarettes: Biggest UPC Battles Reveal Broad Court Remit, JUVE Patent, January 23, 2024

UPC Court of Appeal Hands Down First Decision at Breakneck Speed, IAM, October 26, 2023

Benefits of Unified Patent Court Compared to Local Litigation, Law360, June 6, 2023

Dawn of EU Unified Patent Court Set to Shake Up Litigation, Law360, May 5, 2023

Questions Abound on EU Plan for New Essential Patent Rules, Law360, May 1, 2023

McDermott Announces Formation of EU Patent Court, Law360, March 1, 2023

Featured Events

Industry events & speaking engagements

Additional speaking engagements

LSPN North America – Spring 2025, The UPC in Practice: Optimizing Your Cross-Border Patent Strategy in the New European Landscape | May 6-7, 2025

LSPN North America – Spring 2024, Unified Patent Court | May 8-9, 2024

BIPLA 4th Annual Symposium, UPC: Developments in the Last Year and Impact on Litigation Strategies | April 10-11, 2024

WIPR Summit: Charting the Course for Global IP Excellence, The Shifting Global IP Landscape | March 20-21, 2024

OCIPLA Virtual Event, Unified Patent Court: Initial Cases | November 16, 2023

Life Sciences Dealmaking Symposium 2023, IP Workshop: Asset Valuation and the Changing International Landscape | November 9, 2023

IAM Connect: UPC 2023, Using the New Court System to Maximum Effect | October 17, 2023

6th Annual International IP Summit, EU’s Unified Patent Court | October 12-13, 2023

Webinars

Video – Litigating in the Unified Patent Court: Strategies for Success webinar, part of McDermott’s 2025 programming (runtime: 1h3m)

Video – 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders webinar, part of McDermott’s 2023 programming (runtime: 1h)

Insurance as Cost Security Before the UPC and Its Litigation Finance Implications Experienced cross-border UPC litigators explain how recent UPC case law has opened the door to insurance as acceptable cost security and what this means for litigation strategy, risk allocation, and the evolving litigation finance market in Europe.

Litigating in the Unified Patent Court: Strategies for Success Two experienced patent lawyers from our cross-border UPC team explain the intricacies of UPC litigation and share first-hand accounts of handling matters in the new court.

2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders As the end of the first six months of the UPC, learn how the new patent court is doing and its impact on preliminary injunction requests for patentees.

UPC structure

What is the Unified Patent Court (UPC)?

The goal of the UPC is to reduce the cost and complexity associated with enforcing patents in the EU Member States and to generally improve the patent system in Europe. A UPC decision on infringement, injunction, damages and validity will be enforceable in all participating states – currently 18 countries including France and Germany. The UPC is the exclusive forum for actions relating to Unitary Patents. It is also competent for traditional European patents, unless the European patent has been proactively opted out, and for supplementary protection certificates granted for European patents.

How we can help you

The UPC provides many opportunities and potential benefits but, as a new court, it remains untested. We are here to advise clients and help them navigate any uncertainties. The firm’s capabilities include developing a robust cross-border strategy. We offer in-depth knowledge of our clients’ industries, including the technical, economic and regulatory environments, and can advise on both offensive and defensive strategies.

Offensive

Our team can advise on whether the UPC is the right avenue for enforcement according to a client’s priorities and goals. When the time comes, we can file infringement and revocation actions in the UPC. We can also advise on whether US or UK litigation should be included in the enforcement strategy.

Defensive

Our team is well qualified to advise on patents that may be at risk of central attack and products that may face heightened infringement risk by the new venue. We can also help manage those risks and defend against competitor attacks. If an action is filed, we can undertake the defense in the litigation.

UPC Opt-out

Our team can advise on whether opting out of the UPC is the right course of action. Below are just a few example reasons to consider.

Example reasons to opt-out	Example reasons to not opt-out
The patent or patent family is too valuable to risk central revocation in the participating UPC Member States	The UPC could provide a speedy decision awarding an injunction and damages for several UPC Member States
A dispute with another party may lead to an action before the UPC, preventing you from opting out at a later time	A competitor may bring national proceedings and remove the possibility of opting back in at a later time
German bifurcation between infringement and invalidity proceedings increases the chances of obtaining an injunction more quickly	It may reduce costs and administrative time when compared to multiple national court actions because evidence gathered in one country can easily be used UPC-wide
The patent or patent family has already unsuccessfully opposed by a competitor, and is therefore susceptible to an action for central revocation

Unitary Patent Filings

Our team can assist with the strategy and paperwork for obtaining Unitary Patents and national patents. We can also advise on how to address existing or to-be-negotiated R&D and licensing agreements.

Timelines