The Unified Patent Court has heard cases on European patents and Unitary Patents since 1 June 2023. A single judgment can take effect in 18 EU member states. By the end of May 2026, almost 1,300 first-instance actions had been filed, including some 580 infringement actions. The four German local divisions in Düsseldorf, Hamburg, Mannheim and Munich handle the largest share.
Key features
- Front-loaded procedure: all facts, evidence and arguments must be presented in the first written pleadings.
- Speed: first-instance decisions are targeted within twelve to fourteen months, and the court has largely met this target.
- Validity and infringement together: defendants file a counterclaim for revocation in the same proceedings.
- Language: around two thirds of actions are now conducted in English.
- Costs: recoverable representation costs are capped according to the value in dispute.
Long-arm jurisdiction
Following the CJEU’s judgment in BSH v Electrolux (February 2025), courts in the defendant’s EU domicile may rule on infringement of non-UPC parts of a European patent, such as the UK, Spanish or Swiss parts. In 2026 the UPC Court of Appeal made its first referral to the CJEU on the reach of this jurisdiction over defendants from non-EU countries.
Opt-out
During the transitional period, which runs until 2030 and may be extended, holders of classic European patents can opt out of UPC jurisdiction. All proprietors must join the opt-out, and it is no longer possible once a UPC action concerning the patent is pending. An opt-out can be withdrawn once, provided no national action has been brought. We review portfolios and document the decision for each patent.
Mediation and arbitration
The Patent Mediation and Arbitration Centre (PMAC) of the UPC system started operations in June 2026, offering an alternative for licensing and FRAND disputes.
How a UPC infringement action proceeds
Proceedings at first instance have three stages: the written procedure, the interim procedure and the oral hearing. The written procedure sets the pace for everything that follows.
- Statement of claim: the claimant sets out the infringement in full, with evidence, claim charts and the requested remedies.
- Preliminary objection: within one month of service, the defendant can challenge jurisdiction, competence of the division or the language of proceedings (Rule 19 RoP).
- Statement of defence: due within three months of service (Rule 23 RoP). A counterclaim for revocation must be filed with the defence (Rule 25 RoP).
- Reply, rejoinder and defence to the counterclaim: further written rounds, in which the proprietor can also apply to amend the patent.
- Interim procedure: the judge-rapporteur prepares the oral hearing, usually with an interim conference.
- Oral hearing and decision: generally a single day, with the decision following in writing a few weeks later.
An appeal to the Court of Appeal in Luxembourg must be lodged within two months of service of the decision (Art. 73 UPCA), with the grounds due within four months.
For a defendant served with a statement of claim, three months is a short time to analyse the infringement case, search for prior art, and prepare a counterclaim for revocation. Defendants should instruct counsel as soon as service is effected. Where several European patents are asserted, the workload multiplies.
Provisional measures and evidence before the UPC
The UPC can grant provisional injunctions (Art. 62 UPCA, Rules 205 ff. RoP), where necessary without hearing the defendant. The applicant must show that it is more likely than not that the patent is valid and infringed, and the court also considers urgency: an applicant who waits several months after learning of the infringement risks rejection. Potential defendants can file a protective letter, which remains on the register for six months and can be renewed.
To secure evidence, the court may order the preservation of evidence and inspection of premises (saisie, Art. 60 UPCA, Rules 192 ff. RoP). This is particularly useful for process patents and machinery that cannot be bought on the open market. The claimant must then start proceedings on the merits within the time limit set by the rules, or the order lapses.
UPC court fees and cost risk
Court fees consist of a fixed fee and, for infringement actions, a value-based fee where the value in dispute exceeds EUR 500,000. For actions filed from 1 January 2026, the fixed fee is EUR 14,600 for an infringement action and EUR 26,500 for a standalone revocation action. Small and micro enterprises pay 50 % of the fees. The losing party bears the reasonable costs of the winning party, up to a ceiling that rises with the value in dispute, from EUR 38,000 to EUR 2 million. A party, typically a claimant based outside the EU, can be ordered to provide security for costs (Rule 158 RoP).
The UPC handles both infringement and validity. Read more on German infringement proceedings and on oppositions and nullity actions, which remain available alongside UPC proceedings.
Frequently asked questions
How long does a Unified Patent Court case take?
The court targets a first-instance decision on the merits within twelve to fourteen months of filing. Provisional injunction proceedings are considerably faster. Appeals add further time, but the Court of Appeal also works on a tight schedule.
Who can represent a party before the UPC?
Parties must be represented by a lawyer authorised to practise before a court of a UPC member state, or by a European patent attorney with an appropriate qualification such as the European Patent Litigation Certificate (Art. 48 UPCA). Representatives may be assisted by patent attorneys, who can speak at hearings.
Can I opt a Unitary Patent out of the UPC?
No. The opt-out is available only for classic European patents during the transitional period. A Unitary Patent is always subject to the exclusive jurisdiction of the UPC.
Can a UPC case be conducted in English?
Yes. Before the central division, the language of proceedings is the language of the patent. Before local and regional divisions, English is available in all German divisions, and the parties can agree, subject to the court’s approval, to use the language of the patent. Most proceedings are now conducted in English.
What does it cost to defend a UPC infringement action?
The main cost driver is representation, as all arguments and evidence must be presented in the first written pleadings. A defendant who loses must also reimburse the claimant’s costs up to the ceiling for the value in dispute. Early analysis of validity and non-infringement arguments helps to keep the case focused.
Discuss your UPC strategy
Tell us briefly what you need. You will receive an initial assessment of the approach, deadlines and costs. Phone +49 511 357356-0 or use our enquiry form.