Language of proceedings (UPC)

The language of proceedings is the language in which the case is conducted before the Unified Patent Court : written pleadings, hearing and decision. It is governed by Article 49 of the Agreement on a Unified Patent Court. The language of proceedings is a strategic issue, because it determines translation costs, the comfort of the parties and their counsel and, to some extent, the choice of the division seized.

Language before the local and regional divisions

First, the language of proceedings before a local division is in principle an official language of the Member State hosting it, French before the Paris local division. Next, States may designate one or more official languages of the European Patent Office as additional languages of proceedings. Most local divisions, including Paris, have designated English, which allows the claimant to choose between the national language and English. Finally, the parties may agree to use the language in which the patent was granted, subject to approval by the panel, and the President of the Court of First Instance may, at the request of a party and on grounds of fairness, order the use of the language of the patent.

Language before the central division and the Court of Appeal

Before the central division, the language of proceedings is the language in which the patent was granted: German, English or French. Before the Court of Appeal, the language is that of the first instance, unless the parties agree on the language of the patent. The Court of Appeal clarified, in its first decisions, the conditions under which the language may be changed during proceedings, taking into account the language usually used by the defendant in its business. The rules can be consulted on the website of the Unified Patent Court.

Key points

In practice, a claimant seizing the Paris local division may plead in French or in English. French has the advantage of consistency with parallel national proceedings and of the French judges’ command of legal nuance. English facilitates coordination with foreign counsel and the direct use of technical documents. The firm pleads in both languages, as presented on the pages lawyer before the Unified Patent Court and correspondent in France for patents and the UPC.