Unitary patent and Unified Patent Jurisdiction (UPC): an update

26.09.2023


Following the entry into force of the Unitary Patent System on June 1st, 2023 and the large number of opt-out requests filed during the Sunrise period, which ended on May 31, 2023, it appears that few cases have been brought before the UPC to date (37 infringement actions, 6 cancellation actions, 2 requests for provisional measures), most of the litigation being brought before the German divisions of the UPC, mainly in the field of Standard Essential Patents (SEPs) (telecoms), with no party having so far challenged the legal basis of this UPC system. The first hearings will take place in September 2023 in Germany.