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Patent litigation in Europe before the UPC

On 1st June 2023: entry into force of the new Unified Patent Court (UPC) and first nullity and infringement actions.

CASALONGA offers you tools to help you understand the UPC:

  • - the UPC in pictures: find our 10 UPC information sheets here.
  • - the Interactive Code to easily navigate through all the UPC texts and better understand the system thanks to a number of commentaries: unlimited and free access to all upon registration on www.upc-casalonga.eu.
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Our team of patent attorneys and patent litigators has been working on the UPC for many years, and is ready to intervene before this new jurisdiction: 19 of the firm’s members are already authorized representatives before the UPC and registered as such in the Case Management System (CMS).

Our firm has both attorneys-at-law and European patent attorneys based in France and Germany: we will build special teams each comprising at least an attorney-at-law and a European patent attorney to best represent our clients before this new jurisdiction, in order to combine the legal and court experience of our patent attorneys-at-law and the technical knowledge and experience in EPO opposition procedures of our European patent attorneys.

Deep knowledge of the Rules of Procedure before the UPC

Some of our partners have been deeply involved in the discussions relating to this new European court system and we have extensively studied all aspects of the procedural rules which will apply before the various bodies of the future Unified Patent Court.

A presence close to major divisions

Our teams of lawyers and patent attorneys located in Paris and Munich will be particularly well placed to act before the central division in Paris for electronics and telecommunication as well as in Munich for mechanical engineering and chemistry.

Some important points about the UPC

  • - The UPC has exclusive jurisdiction to decide on infringement and validity of European patents and Unitary patents: the UPC replaces the national courts for European patents.
  • - During a transitional period of 7 years, it is still possible to choose either the UPC or the national courts.
  • - Opt out: during the transitional period, it is possible to register, for a specific European patent application or a specific European patent, a declaration that only national courts shall be competent for this European patent application or European patent, during the entire life of the patent.
  • - The opt out may be withdrawn at any time under certain conditions.

For more information, visit also the official website of the Unified Patent Court.

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