Unified Patent Court Procedure

The Unified Patent Court (UPC) is a court common to 18 EU Member States and offers a uniform and efficient system for patent litigation at European level. Creating an efficient system requires clear and comprehensive rules governing the procedural aspects. Such rules are to be found in particular in the Agreement on a Unified Patent Court (UPCA), the Statute of the Unified Patent Court (UPCS), and the extensive Rules of Procedure.
Understanding and navigating through the multiple rules is complex, not least because the UPC is in its infancy but also because of the contribution of national procedural laws in the legislative process.
This Article-by-Article Commentary explains the UPC procedure against the framework of the provisions of the UPCA, drawing on the corresponding Rules of Procedure. In addition to UPC case law, the Commentary offers comparative insights from German, French, and UK law to indicate possible directions the UPC may take in future cases.
The editors
Dr. Christoph Augenstein, Sabine Agé and Alex Wilson are highly experienced practitioners and litigators in patent law. The authors are practitioners specialised in patent law.