The new European Union Unified Patent Court (UPC) and Unitary Patent go live on June 1, 2023. Enterprises operating in Europe should understand the risks and rewards of this new system, one of the most significant developments in global intellectual property law in over a decade. Whether it is studying the EP patents of a competitor, filing protective letters in the UPC to protect against ex parte preliminary injunctions, or opting out of their EP patents to prevent revocation actions against their most important patents, there is no time to waste to get on top of what to do and not do.

The following resources provide a comprehensive overview of the UPC and UPs and highlight the important considerations for developing a timely strategy for protecting IP assets that may be impacted by this new system.

  • A Deep Dive Into EU Unified Patent Court Policy
    Law360 Expert Analysis Column (reprint)
    In this expert analysis column, Robert Greene Sterne discusses the top line attributes of the new UPC regime and the critical need to understand the EU court and European Patent Office-based patent — both from an enforcement and freedom-to-operate perspective.
  • Dawn of EU Unified Patent Court Set To Shake Up Litigation
    Law360 article (reprint)
    This article discusses the significance of the Unified Patent Court, referring to the UPC as “clearly the most significant development in global intellectual property since the AIA went live in 2012” and “a game-changer.” US companies are advised to proactively plan for receiving potential lawsuits as “the defense side is really at a disadvantage” at the UPC.
  • The UPC Is Almost Here: What You Need To Know Now!
    USIPA & GLIPA Webinar (on-demand)

    The panelists from several EU-based firms on this webinar, facilitated by Robert Greene Sterne, discuss possible unanticipated freedom to operate suits and challenges, standalone revocation proceedings at Central Divisions (Munich, Paris, and perhaps Milan), parallel UPC/national enforcement actions, advanced prosecutions strategies, and many others topics. The IP experts on the panel have dedicated countless hours of study and thinking to develop a comprehensive framework that they share during this 90-minute program.
© 2023 Sterne, Kessler, Goldstein & Fox PLLC