In 2013, 25 EU Member States signed the UPCA, thereby paving the way for the establishment of the UPC as a common court with exclusive competence in infringement and revocation disputes relating to European patents and Unitary Patents. With respect to (traditional) European patents, in accordance with Art. 83 UPCA, the UPC has concurrent competence with national courts or other competent national authorities during a transitional period lasting until 31 May 2030 unless the patent has been opted out from the competence of the UPC. The UPCA entered into force on 1 June 2023.
Actions against decisions of the UPP Division in carrying out the tasks referred to in Art. 9 Regulation (EU) No 1257/2012 may be brought before the UPC. The UPC may invite the EPO to comment. The EPO will be bound by decisions of the UPC in relation to actions of the UPP Division (Rule 1(1) UPR).