The Unified Patent Court – What can we learn from the first six months?

22nd December 2023 •

What do the first six months tell us?

For many, 2023 was the year of the Unified Patent Court, but what do the first six months tell us? HLK’s Matthew Howell, UK and European patent attorney, has looked beyond the data to pull out six key insights.

Watch his 2-minute takeaway videos for key messages emerging from the Court’s first six months of activity.

Takeaway 1 - Who’s actually using the Court?

There were big questions before the UPC came into effect as to whether it would see much action, and who would use it.

The stats from the first six months of operation give us the answer.

Takeaway 2 - Getting your opt outs right

Getting your opt outs right is of critical importance, as we’ve seen in a couple of early decisions from the UPC.

Find out why this is.

Takeaway 3 - Preliminary injunctions

There was much speculation on how the Court would approach preliminary injunctions – would it be very pro-patentee and issue preliminary injunctions easily, or be more conservative?

Here’s what we can learn from the first few preliminary injunction decisions.

Takeaway 4 - Orders for conservation of evidence

Orders for preservation of evidence attracted a lot of interest in the run up to the launch of the UPC.

Some of the early decisions indicate how the Court will approach these measures…

Takeaway 5 - Orders for inspection of premises

Another remedy that can be sought from the UPC is an order for inspection.

We’ve seen that the Court is willing to use this power.

Takeaway 6 - Enforcement of UPC decisions

Will the Court enforce its decisions?

Ignore the orders of the UPC at your peril, that’s the message emerging from the early decisions.

The Unified Patent Court at six months

A more in-depth analysis

If you’re interested in a more in-depth exploration into the messages emerging from the Court’s first six months of activity, read Matthew’s article.