The Unified Patent Court (UPC) and the Unitary Patent
Navigating the new European patent system
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21 ก.ค. 2025
Insight
The Unified Patent Court – a one-stop-shop for European patent litigation – is now two years old. As it enters its third year of operation, we look at the approach that is becoming established in the new system, drawing out key themes including the increasing jurisdictional reach of the UPC and the developing potential of the new system to enable settlement of disputes.
The decision of the Mannheim local division court of 18 July 2025 to grant an injunction in relation to infringement of the UK part of an EP bundle is the most recent example of a trend that has been evident for some time, that the UPC will take jurisdiction wherever possible.
We discuss this decision and also review other specific developments in the 6 months since our last UPC briefing, including:
- Jurisdiction over pre-UPC infringements and damages and the applicable law
- Jurisdiction and opt-out (and its withdrawal)
- Claim interpretation and the UPC's doctrine of equivalence
- Front-loaded procedure and late pleadings/claims
- Criteria for PIs
- Determining imminent infringement
- Novelty – the “legal standard”
- Inventive step/Obviousness
- Added matter
- Stays and suspensive effect
- Security
- Access to pleadings
- Second medical use patents
- SEPs and FRAND at the UPC (and anti-suit injunctions)
Key contacts
Sebastian Moore
Partner, Head Intellectual Property, London and Milan
Laura Orlando
Managing Partner, Milan Office, Milan
Pietro Pouché
Partner, Milan
Florian Schmidt-Bogatzky
Partner, Germany
Dr Ina vom Feld
Partner, Germany
Rachel Montagnon
Knowledge Counsel, London
Legal Notice
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills Kramer 2026
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