Agreement on a Unified Patent Court (UPC Agreement)

The Agreement on a Unified Patent Court (UPC Agreement) is an international treaty signed on February 19, 2013, by several European Union (EU) member states, aiming to establish a specialized jurisdiction for patent-related disputes. Entering into force on June 1, 2023, the Agreement created the Unified Patent Court (UPC), which has exclusive competence to rule on the validity and infringement of European patents and unitary patents, providing a centralized dispute resolution system in the ratifying states.

Scope of Application

The UPC Agreement applies to European patents granted by the European Patent Office (EPO) and unitary patents. It allows patent holders to initiate legal proceedings before a single court, avoiding parallel litigation in multiple jurisdictions. The UPC consists of a Court of First Instance, a Court of Appeal based in Luxembourg, and a Registry.

Objectives and Impact

The Agreement aims to enhance judicial harmonization in patent matters across European Union by ensuring consistent rulings and simplified procedures for patent holders. It also provides a more efficient framework to combat patent infringement and secure intellectual property rights at the European level. However, some EU member states, including Spain and Poland, have not ratified the Agreement, limiting its geographical scope.

Transitional Period and Opt-Out Option

During a seven-year transitional period (until 2030, with a possible extension), patent holders can choose to opt out their European patents from the UPC’s jurisdiction by submitting an opt-out request. This allows national courts to retain exclusive competence over the patents concerned.

Legal References

• Agreement on a Unified Patent Court, signed on February 19, 2013

• Regulation (EU) No 1257/2012 of the European Parliament and the Council of December 17, 2012, on unitary patent protection

• Regulation (EU) No 1260/2012 of the Council of December 17, 2012, on the language regime applicable to the unitary patent