On 1. June 2023 The European patent system has entered a new phase: Since then, the European Patent Office has been able to (EPA) Grant patents with uniform effect, and the Unified Patent Court (Unified Patent Court, UPC) decides on violation and legal validity for all participating states in a single procedure. After a good three years, an initial balance can be drawn.

The system in numbers

• With the accession of Romania on 1. September 2024 take 18 EU member states part, including Germany, France, Italy and the Netherlands. Spain and Poland are not included; Ireland has postponed its required referendum.
• Until the end 2025 were round in the first instance 494 Infringement lawsuits, 415 Counterclaims for nullity, 88 isolated actions for annulment and 91 Applications for interim measures submitted.
• The German local chambers in Munich, Mannheim, Düsseldorf and Hamburg are by far the most frequently used judges.
• English has become the most important language of proceedings and is now used in well over half of the proceedings.

What shaped the case law

Already the first substantive decision by the appeal court in Luxembourg (NanoString ./. 10x Genomics, 26. February 2024) set standards: The description and drawings must always be consulted when interpreting the patent claims, and interim measures require, that the court considers the existence of the law and the violation to be predominantly probable with sufficient certainty. The UPC now also has principles for equivalent patent infringement developed and based on the ECJ ruling BSH ./. Electrolux – Bans also issued with effect for states outside the UPC area.

Opt-out: The transition period is ongoing

Classic European patents are generally also subject to the jurisdiction of the UPC. During the seven-year transition period (until May 2030, extendable) Owners can remove their patent from the system by opting out - but only, as long as no lawsuit has been filed before the UPC. Whether an opt-out makes sense, depends on it, whether you fear a central nullity attack or want to take advantage of EU-wide enforcement.

What does that mean for you??

• Check every time a European patent is granted, whether a Application for uniform effect (Frist: one month after publication of the grant notice) makes economic sense.
• Check your portfolio regularly for the Opt-out Strategy – especially with core patents.
• Keep an eye on competitors: The UPC works quickly, First instance decisions on the main proceedings are usually made after around a year.

More about our advice: Unit Patent & UPC.

Sources: Unified Patent Court (unifiedpatentcourt.org), Year numbers 2025 des UPC; UPC CoA, Arrangement v. 26.02.2024, UPC_CoA_335/2023. This article provides a general overview and does not replace legal advice in individual cases. Stand: November 2026.