The Unified Patent Court (UPC) became operational on June 1st, 2023. It is a supranational court with jurisdiction over European patents and unitary patents, whose rulings are applicable in all states that have joined the relevant Agreement. This court is competent to resolve disputes relating to:
- European "classic" patents and European patents with unitary effect,
- supplementary protection certificates (SPCs) based on a "classic" European patent or on a European patent with unitary effect;
- European patent applications.
This new court has its own rules of procedure to rule on the validity and infringement of European patents.
The UPC has jurisdiction over actions relating to:
- patent infringements or supplementary protection certificates,
- invalidity claims for patents and supplementary protection certificates,
- claims for precautionary measures and damages.
For more information about the UPC and our services regarding the new Unitary Patent system, read here.
Using our patent attorney services to handle proceedings at the UPC provides a dedicated team of qualified professionals covering all technical areas, with specific training on the new UPC rules and the ability to work in the official languages of the UPC (English, French and German). Moreover, as the procedures at the UPC are characterised by extremely tight deadlines, having the support of professionals who are familiar with the system and can ensure timely legal action is crucial for the success of cases. From the moment a summons is served to the handling of emergency measures, Jacobacci & Partners offers comprehensive support, guiding clients through the various stages of the process.
Having specific procedural rules, unfamiliarity with these rules can lead to procedural errors or missed deadlines, jeopardising the outcome of litigation. Moreover, dealing with citations or appeals for interim measures requires a well-planned legal strategy; the absence of specialised advice may lead to an ineffective defence, negatively affecting the protection of one's patents
