The unitary patent will not be limited to simplifying the validation procedure. In addition to the different validation procedure in individual countries, there are also differences in the interpretation of substantive patent law regulating the scope and all limitations of the right and remedies available in the event of patent infringement. Together with the institution of the unitary patent, tools will be created to ensure truly uniform protection. As a result, the Unified Patent Court (UPC) is being created.

In particular, the UPC will reduce the costs of international disputes, as the parties will not have to engage in parallel patent disputes in different Member States. Divergent decisions by different national courts on the infringement and validity of the same patent will disappear. The UPC will develop unified European case law, which will increase legal certainty for all users. This will, over time, create a more efficient and sustainable patent dispute resolution system, to the benefit of both patent owners and third parties, namely patent owners.

The basic goals set for UPC are:

– better enforcement of valid patents, with Europe-wide effects of decisions, orders and damages;

– for third parties and the public, the UPC will provide a central invalidation action, separate from the EPO opposition procedure, at any time during the term of the patent.

The Unified Patent Court (UPC) will operate on the basis of an agreement harmonizing substantive patent law. It will have jurisdiction over unitary patents and “classic” European patents, deciding on cases regarding both infringement and validity.

The possibility of excluding European combined patents (validations) from the jurisdiction of the Unified Patent Court will remain. However, this closes the way for the patent owner to use a single action for infringement.

During the transitional period, which has been set at seven years, any action for infringement or invalidity may be brought before national courts.

UPC consists of:

– Court of First Instance

– Court of Appeal

– Secretariat.

The Court of First Instance will consist of a central division (with its seat in Paris and a section in Munich) and several local and regional divisions. The Court of Appeal will have its seat in Luxembourg.

The UPC Agreement (OJ EPO 2013, 287) was signed on 19 February 2013 by the EU Member States (except Croatia, Poland and Spain). To enter into force, it must be ratified by at least 13 countries, including the three countries in which the largest number of European patents were in force in 2012, i.e. Germany, France and Italy (information on the withdrawal of the United Kingdom from the UPC Agreement). The status of work on ratification can be found on the website of the Council of the EU