The Unified Patent Court (UPC) is a court of the European Union founded as part of the introduction of the unitary patent to deal with disputes relating to European patents and unitary patents. Its purpose is to centralise proceedings relating to intellectual property, infringement and validity of patents, with a view to achieving uniformity and predictability in decisions concerning European patents. This should ultimately simplify the judicial system for European patent holders. The UPC was established by Regulation (EU) No 1257/2012 at the creation of a unitary patent and the Agreement on a Unified Patent Court, which was ratified by the majority of EU Member States. The court is composed of three main divisions: the central division, the local divisions, and the regional divisions. The central division is based in Paris and has two annexes, in Munich and Milan. The local and regional divisions are spread across different EU countries.
The use of the UPC reduces the costs of legal proceedings for businesses and inventors by centralising actions relating to patent infringement and validity at the European level. This avoids the need to initiate multiple proceedings and reduces the risk of obtaining potentially conflicting decisions in different Member States.
The UPC entered into force on June 1, 2023, after many years of waiting, negotiations, and preparation, marking a turning point in the harmonisation of patent law in Europe. It only applies to Member States that have ratified the Agreement on the UPC, and some countries, such as Spain and Poland, have decided not to participate for the time being.