Download now: life sciences - whitepaper: building an investable ip portfolio
​

What are the options if you want to be able to use the UPC?

​
November 3, 2022

Download PDF

Table of contents
  • Toc Heading
  • Toc Heading
Tim Belcher
Partner, UK and European Patent Attorney, UPC Representative

All unitary patents fall within the competence of the Unified Patent Court (UPC). Additionally, classical validations of European Patents in states which have ratified the UPC agreement are within the competence of the UPC (unless opted_out).

Can I obtain a Unitary Patent now?

Yes – this can be done as part of the grant procedures at the EPO. It is similar to the existing validation procedures, except it is performed at the EPO and the timescale is quite fast: the request for a Unitary Patent must be filed no later than one month after the date of publication of the mention of the grant in the European Patent Bulletin, and a translation must be supplied.

Your usual EIP contact can advise on this if of interest.

What about other validated EP patents?

During the transitional period, national courts and the UPC share competence in respect of classical validations of European patents (that are not opted out) in the member states participating in the UPC.

If use of the UPC is important, there is merit in being the party to initiate litigation so that you choose the forum. If an action is brought in a national court, it may no longer be possible to use the UPC for an action involving the same parties in respect of that patent. This is expected to be a complex area of law due to different relevant regulations, and EIP Latest are able to advise on the appropriate strategy for your situation.

What if an EP patent has been opted_out?

It is possible to withdraw the opt_out, provided that no national litigation has taken place. This would then allow the use of the UPC in respect of that patent. An opt_out can only be done once, so if a patent is opted out and and then that opt_out is withdrawn, the patent cannot be opted out again.

The Latest Thought Leadership pieces in the Content Hub

See all articles

What languages does the UPC use?
November 1, 2022
Central Division Proceedings at the central division are in the language in which the patent was granted (i.e., either French, German or English).
​
Geographic Scope of the UPC and Unitary Patent
February 22, 2023
The grant of a European Patent allows patent rights to be obtained in respect of over 35 states by means of the respective validation procedures for those states.
​
Opt-out decision
December 2, 2022
Owners of European patent rights (both pending and granted patents) need to decide, in respect of each right individually, whether to opt out of the Unified Patent Court ("UPC") system.
​
Stay in the Know

The Patent Strategist

Get expert insights and the top patent stories delivered straight to your inbox.

​
Interested in a career at EIP?

View Open Roles

Heading
This is some text inside of a div block.
This is some text inside of a div block.
​

Latest Insights

Showing 0 of 100
Filters
The contentious role of intellectual property in cryptographic standardisation
12 January 2026
This article explores how intellectual property rights affect the development and adoption of post-quantum cryptography standards. It highlights NIST’s proactive approach to patent licensing for new algorithms, reviews historical cases like RSA and ECC, and discusses the importance of clear IP terms for widespread cryptographic adoption.
#
Patenting
​
System architecture in quantum computing – history repeating itself?
24 December 2025
This article explores the evolution of system architecture in quantum computing, drawing parallels with the early days of classical computing. It discusses the current challenges in quantum hardware, the emergence of quantum instruction set architectures (ISAs), and the potential for a RISC vs. CISC debate similar to that in classical computing. The piece highlights opportunities for innovation and intellectual property, suggesting that the choices made now could shape the future landscape of quantum technologies and licensing.
#
Patenting
​
Strategic licensing: Turning IP into commercial value
09 December 2025
In today’s competitive landscape, effective commercial licensing strategies are essential for unlocking the full value of intellectual property. This article explores four critical pillars: understanding intellectual property as a property right, the fundamentals of licensing intellectual property rights, structuring successful joint ventures and best practices for intellectual property rights management. Whether you’re navigating new markets or scaling established innovations, these tips provide a roadmap for protecting, leveraging and maximizing your IP assets.
#
Consulting
​
The people, physics and patents of the 2025 Nobel prize
09 December 2025
The 2025 Nobel Prize in Physics recognised John Clarke, Michel H. Devoret, and John M. Martinis for proving macroscopic quantum tunnelling in electric circuits, a breakthrough that enabled quantum computing. Their pioneering research led to hundreds of patents, including innovations in MRI and quantum technology, highlighting the real-world impact of their discoveries.
#
Patenting
​
Vision 2035: The need for Innovation to meet ambitious targets set by the UK’s new critical minerals strategy
03 December 2025
The UK’s Critical Minerals Strategy 2025 sets ambitious targets to secure essential minerals for key industries by boosting domestic production, recycling, and innovation. The article highlights the vital role of intellectual property (IP) in supporting technological advances, encouraging collaboration, and strengthening the UK’s supply chains for a sustainable future.
#
Consulting
​
Research underlying Nobel prize in chemistry has sparked innovation and patent filings
02 December 2025
The 2025 Nobel Prize in Chemistry recognised the creators of metal-organic frameworks (MOFs), innovative materials with huge potential for water harvesting, clean energy, and environmental solutions. Their work has sparked a surge in global patent activity and new industrial application.
#
Patenting
​
UKIPO fee increases from April 2026: What it means for your IP strategy
25 November 2025
Provisional and interim injunctions both refer to temporary court orders granted before a full trial, aimed at preserving the status quo or preventing harm. In UK law, “interim injunction” is the standard term, while “provisional injunction” is less common and typically used in international contexts. Both serve the same purpose: urgent relief until the case is fully heard.
#
Patenting
​
Sustainable models: content licensing for generative AI training
21 November 2025
It is fair to say that no technology in recent times has created so much excitement and controversy as generative AI, and in particular Large Language Models (LLMs). Generative AI companies and their backers have their sights on generating billions, if not trillions of dollars, directly or indirectly from their models. Models which, in the vast majority of cases, are trained on original works without permission from, or payment to, their authors. The works used for training are primarily obtained by scraping the open web, a uniquely vast repository of publicly accessible knowledge and information, constantly updated to reflect the latest developments in human knowledge and culture.
#
Consulting
​
What should you look to protect in a (bio)pharma IP strategy?
18 November 2025
#
Patenting
​
Trade Secrets: Navigating geopolitical risks and IP theft in the semiconductor industry
04 November 2025
Semiconductors have always been a critical technology but have grown significantly in strategic importance in recent years. They have become the key building block in developing and existing markets, including quantum computing, edge computing, AI, IoT, automotive, cellular data technology, smartphones, robotics, and many more. The complex designs and innovations that power semiconductor manufacturing are invaluable both to the world’s economy and technological advancement. Consequently, the semiconductor industry has found itself at the centre of geopolitical tensions, especially between the United States and China. It has become a prime target for cyberattacks and intellectual-property (IP) theft. As such, companies operating in this area must be more vigilant in protecting their intellectual assets.
#
Consulting
​
UPC takes strict approach on costs reimbursement
30 October 2025
Insulet v. EOFlow UPC_CFI_773/2025 and UPC_CFI 774/2025 (Milan CD), decision of 15 October 2025[1] The dispute began when Insulet sought a provisional injunction against EOFlow to prevent...
#
Litigation
​
UPC Considers but does not decide exhaustion of rights in relation to consumables
30 October 2025
Brita v. Aquashield UPC CFI 248/2024 (Munich LD), decision of 22 August 2025[1] UPC CFI 564/2024 (Munich LD), decision of 16 October 2025[2] Brita sued Aquashield and others for infringement of...
#
Litigation
​
Beyond Borders: A Backpacker’s Take on Why Your Patent Strategy Needs a Global Mindset
29 September 2025
In today’s interconnected world, innovation rarely stops at borders. Whether you’re a multinational corporation or a UK-based business with global ambitions, your patent strategy should reflect the reality that your products, services, and competitors operate internationally. Much like a well-travelled backpacker planning a round-the-world adventure, businesses must prepare carefully—mapping out routes, anticipating local rules, and packing what’s essential—to ensure a smooth journey.
#
Patenting
​
UPC Infringement Actions: Is Speed Meeting Expectations?
23 September 2025
The Unified Patent Court promised simplified and faster patent litigation across Europe. Two years in, we look at whether it’s delivering on that promise. For patent holders and defendants alike, the duration of infringement actions can significantly impact market strategies, investment decisions, and competitive positioning. In this article, we set out an in-depth analysis of how the court’s procedural rules are shaping the pace of litigation. By examining key milestones—from the filing of an infringement action to the issuance of a final judgment—we assess whether the UPC is delivering on its promise of efficiency.
#
Litigation
​
Emerging Practice Points from the UPC
02 September 2025
We have been keeping a close eye on the decisions coming out of the UPC and as the court starts to establish itself a number of practice points are starting to emerge.
#
Litigation
​