Why the UPC will be rewarding for US businesses


Christopher Sharp, Sarah Taylor, Robert Greene Sterne and Nirav Desai

Why the UPC will be rewarding for US businesses

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Pinsent Masons and Sterne, Kessler, Goldstein & Fox consider why the Unified Patent Court, due to open on June 1, 2023, will make Europe a more attractive patent litigation venue for US businesses.

Patents are presently enforced and challenged in Europe on a country-by-country basis. National decisions may be inconsistent, relief is confined to smaller markets, and—compared with US patent litigation—the potential for large damages awards is limited.

From June 1, 2023, the Unified Patent Court (UPC) will provide an additional forum for enforcing patents or establishing freedom to operate across the large market of (currently) 17 EU countries, for all businesses with operations in Europe.

It will have exclusive jurisdiction for disputes relating to infringement and validity of new unitary patents, as well as for classic European patents/applications that have not been ‘opted out’ and not enforced in national courts during a seven-year transition period (this may be extended to 14 years).

UPC, Unified Patent Court, US, Europe, UK, patents