The Unitary Patent (UP) became a reality one year ago, and at the same time the Unified Patent Court (UPC) opened its doors. Both the Unitary Patent and the UPC were welcome additions, simplifying and strengthening the European patent system. As we celebrate the first anniversary of the new system, we reflect on the journey so far.
The new UP system was long-expected and has proved popular. The EPO’s Unitary Patent dashboard shows valuable insight into the uptake being made, with breakdowns by technology and geography. Overall, the uptake rate is running at around 24% of European Patents granted in 2024 so far – up by over 6% from 2023.
To the end of April 2024, the UPC caseload had totalled 123 infringement actions, 153 counter-claims for revocation, and 32 revocation cases. Predictably, the predominant language for UPC proceedings is English – representing 48% of cases. Not too surprising in view of the high proportion of European Patents granted in English.
The first year of operation has seen the UP and UPC becoming widely accepted and utilised. Entering the second year of the new system, we look forward to the UP and UPC bedding in further, and gaining even more widespread acceptance.
As European Patent Attorneys based in the UK, we have rights of representation for both the UP and UPC, and are fully equipped to represent clients before the EPO and the UPC. If you require any information or advice on an aspect of the UP or UPC then please contact us at: mail@morelandip.com.
