Agreement on a Unified Patent Court (UPCA)

The Agreement on a Unified Patent Court (UPCA) establishes the Unified Patent Court, a court common to its Contracting Member States. It provides the institutional and legal framework for disputes concerning European patents with unitary effect and European patents within the Court’s jurisdiction.

Signature and entry into force

The Agreement was signed on 19 February 2013 and entered into force on 1 June 2023. Participation requires the relevant treaty steps; membership of the European Union or the European Patent Organisation alone does not establish participation in the UPC. Romania joined the system on 1 September 2024. The territorial position must be checked for the patent and proceedings concerned.

Organisation of the Court

The Court of First Instance comprises a Central Division, with its seat in Paris, and Local and Regional Divisions. The Court of Appeal and the Registry are based in Luxembourg. Allocation of a case between divisions is governed by the Agreement and the Rules of Procedure.

The Court applies EU law and the UPCA, together with the European Patent Convention, other applicable international agreements and national law under the conditions set out in Article 24. The primacy of EU law and the preliminary-reference mechanism are integral to the system.

Jurisdiction and the transitional period

Article 32 UPCA identifies the actions within the Court’s exclusive jurisdiction. This does not mean that every dispute connected with a patent falls to the UPC. Article 83 provides transitional arrangements for conventional European patents, including the possibility of bringing infringement and revocation actions before national courts during an initial seven-year period, subject to the applicable rules.

Eligible European patents and applications may be opted out in accordance with Article 83. An opt-out requires a valid notification and is unavailable once an action has already been brought before the UPC. Unitary patents cannot be opted out. Withdrawal of an opt-out is also subject to conditions, including the absence of an action already brought before a national court.

Strategic significance

The Agreement determines jurisdiction, the relationship with national proceedings and the potential territorial reach of remedies and revocation. For a patent holder or an implementer, the practical questions include whether unitary effect is appropriate, whether an opt-out is available and desirable, and which forum can address the commercial dispute.

These choices should be assessed before litigation begins. Filing an action may affect options that were available beforehand. See the entries on the Unified Patent Court and its Court of Appeal.

Related resources

UPC Litigation Watch · Unified Patent Court

Dhenne Avocats represents clients in patent disputes before the French courts and the UPC. Discuss a dispute with the firm.

This glossary entry provides general information and is not advice on an individual matter.