What competence does the Unified Patent Court have?

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What competence does the Unified Patent Court have?

As a general rule, the Unified Patent Court (UPC) is exclusively competent in respect of civil litigation on matters relating to European patents, Unitary Patents, supplementary protection certificates (SPCs) issued for a product covered by such patents and European patent applications. Article 32 of the UPC Agreement (UPCA) provides for the UPC's exclusive competence in particular for

  • actions for actual or threatened infringements and related defences
  • actions for declaration of non-infringement
  • actions for provisional and protective measures and injunctions
  • actions for revocation
  • counterclaims for revocation.

The UPC also acts as an administrative court: it has exclusive competence in respect of actions concerning decisions of the EPO in carrying out the tasks referred to in EU Regulation No 1257/2012 on the Unitary Patent system.

Article 32(2) UPCA provides that the contracting Member States' national courts will remain competent for actions relating to patents and SPCs which do not fall within the exclusive competence of the UPC.

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Unified Patent Court