Unitary patent infringement

The holder of a unitary patent is entitled to bring an infringement action to sanction infringements of his title. The infringement of a unitary patent lies in the commission of acts exhaustively listed by the Agreement on the UPC. These acts must be committed in the territories of the States participating in enhanced cooperation (Regulation 1257/2012).

The UPC Agreement distinguishes between: UPC

• direct infringement (Article 25 of the Agreement concerning the UPC) which penalizes:
  • • in the case of a patented product, the manufacture, offering and placing on the market of the product. In addition, the use of the patented product, the importation and the possession of that product for the aforementioned purposes also constitute infringement;
    • in the case of a patented process, the use of the process that is the subject of the patent. The offering of the use of the patented process is also sanctioned as infringement if the third party knows or should have known that the use of the process is made without the consent of the patent holder;
    • in the case of a product obtained by a patented process, the offering, placing on the market, and use of that product. The importation and possession for these purposes of a product obtained directly by a process that is the subject of the patent.

• indirect infringement (by providing means, Article 26 of the Agreement concerning the UPC). Indirect infringement sanctions the supply or the offer to supply, to a person other than the one authorized to exploit the patented invention, the means of implementing, on this territory, this invention relating to an essential element thereof, when the third party knows, or should have known, that these means are suitable and intended for this implementation.