IP specialist says while UPC's case count is significant, it is still smaller than national courts
According to analysis by IP specialists, Europe's Unified Patent Court (UPC) managed 15 percent of European patent cases in its first year of operation, despite the court's figures suggesting a higher number.
Nicholas Fox, a partner at the IP firm Mathys & Squire, commented on the UPC's early performance and its potential to become Europe's primary venue for patent litigation.
The UPC, which opened in June 2023, reported receiving 373 cases in its inaugural year. However, Fox explained that this number includes every claim related to a patent, leading to an inflated figure. A more accurate count, according to Fox, is 205 cases. These include 134 infringement cases, 39 revocation actions, and 32 provisional measures actions.
In a statement, Fox emphasized that while the UPC's case count is significant, it is still much smaller than national courts. In 2021, the combined total of patent law cases in the UK, Germany, France, Italy, and the Netherlands was 1,275. Germany alone handled 841 patent cases that year, illustrating the substantial caseload managed by individual national courts.
The UPC's launch faced several delays, including those caused by Brexit. The UK government ruled out membership in 2020, stating it was "inconsistent with our objective of becoming an independent self-governing nation." Additionally, a long-running challenge in Germany’s constitutional court further delayed the court's opening.
Despite the absence of the UK, English has emerged as the predominant language in the UPC, used in 50 percent of proceedings. German follows with 44 percent, while French, Italian, and Dutch each account for 2 percent of the cases.
Fox noted that it is too early to determine whether the UPC will achieve its goal of becoming the main court for patent litigation in Europe. He pointed out that very few cases have reached any conclusion, and it will take time for the court's jurisprudence to develop and establish settled practices. "It will not be until settled practice begins to develop through a substantial body of decided cases or cases are referred to the UPC Court of Appeal that the approach of the new court to substantive patent law is likely to become clear," Fox stated.
The UPC currently has 17 EU member states signed up, and its future impact on European patent litigation remains to be seen as it continues to grow and establish its role within the judicial landscape of patent law.
