As the Unified Patent Court (UPC) prepares to celebrate its third anniversary, the number of cases before it is growing significantly, while new litigation before national courts is declining.
Recent figures show that the UPC is firmly establishing itself within the European legal ecosystem. In 2025, the number of new infringement cases brought before it reached 239, an increase of more than 54% over 2024.
This trend is not limited to new technology sectors; it had already been adopted as early as 2023. There is a diversification of litigation areas, with an increased presence of the biotechnology and pharmaceutical sectors. These developments demonstrate the rapid adoption of the UPC by European patent holders for their patent litigation. The ability to obtain a decision enforceable in many European Union member states within a reasonable timeframe is undoubtedly one of the main reasons behind this trend.
In contrast to this trend, national litigation appears to be stagnating. For the first time in five years, the number of new patent disputes before the specialized chamber of the Paris Judicial Court has decreased, recording a 16.7% drop in 2024 (155 new cases compared to 186 in 2023).
This phenomenon is not isolated; it is part of a broader European trend, also observed in the United Kingdom and Germany. This decline in national courts does not appear to reflect a decrease in overall infringement activity but rather corresponds to a strategic shift toward the Unified Patent Court.
The shift from national litigation to the Unified Patent Court profoundly alters the protection and defense strategies required for one’s own patents and against third-party patents. It is indeed essential to master the rules and new tools of the UPC. As always, the entire Brandon IP team is committed to supporting you through this significant transformation in European litigation.