European and Spanish patent

and trademark attorneys

The Unified Patent Court will be a new specialised litigation system that will allow the enforcement, the defense of the validity or revocation of a European patent (with or without unitary effect) through a single decision with effect in all participating member states.

The Court was established by an international agreement in February 2013. It has been signed by 25 of the 28 member states of the European Union. Only Spain, Poland and Croatia have not signed the Agreement. As long as Poland does not sign the Agreement it will not be possible to have a unitary patent in Poland despite having signed the enhanced cooperation procedure for the creation of the unitary patent.

The UPC will start hearing cases once the Agreement has entered into force.

The territorial scope of the decisions of the UPC will change over time because it is most likely that not all participating states have ratified it, when the Agreement enters into force.