SMEs and mid-sized companies: litigating before the Unified Patent Court
The Unified Patent Court is also a court for innovative SMEs and mid-sized companies. A single action can enforce a European patent in eighteen EU Member States, and a mid-sized business can defend itself effectively against a larger competitor. We support them with a strategy and a budget defined from the outset.
A court that fits your size
Enforcing a European patent used to mean litigating country by country. Before the UPC, a single action can cover all participating States: one timetable, one team, one decision. For a company with limited resources, that concentration changes the equation.
The Rules of Procedure take company size into account. Small and micro enterprises are entitled, subject to conditions, to a 50% reduction in court fees. Partial reimbursements are available for early withdrawal or settlement. The representation costs that the losing party may have to reimburse are capped according to the value of the dispute, so the financial risk can be measured before acting.
Enforcing or defending
- Assessment of the patent, its validity and the available evidence before any action
- Choice of forum between the Unified Patent Court and the Paris Judicial Court
- Orders to preserve evidence and saisie-contrefaçon
- Infringement actions before the Paris local division or another division
- Infringement defence and counterclaims for invalidity
- Provisional measures
- Negotiation, settlement and mediation
A controlled budget
We start with a case review whose scope and cost are agreed in advance. It assesses the prospects of success, the risks and the budget for each phase. UPC proceedings run to a strict timetable, which makes their cost more predictable than that of many national proceedings.
Each step is then decided with you, in light of your business priorities and the scope for negotiation. Where proceedings are already under way, a second opinion can test the strategy being followed.
Who we act for
Industrial and technology SMEs and mid-sized companies, research spin-offs, life sciences and medical device companies, holders of a European or unitary patent, or companies targeted by a competitor’s action.
Frequently asked questions
Should an SME sue before the UPC rather than in France?
Not always. The UPC can deliver a decision covering several States, but it also exposes the patent to a counterclaim for invalidity that applies in all of them. The choice depends on the strength of the patent, the markets concerned and the competitor’s strategy. We decide it with you before acting.
What court fees should we expect?
Court fees combine a fixed fee and, above a certain value of the dispute, a value-based fee. Small and micro enterprises are entitled, subject to conditions, to a 50% reduction. We cost this precisely during the case review.
My company has been sued before the UPC. What now?
Act quickly. The statement of defence must be lodged within three months of service of the statement of claim, and it must set out the whole defence, including any counterclaim for invalidity. Consult an attorney as soon as you receive the claim.
Do we need a unitary patent to bring an action before the UPC?
No. The UPC also hears classic European patents, unless they were opted out of its jurisdiction during the transitional period.
Discuss your case
To assess your position before the UPC, contact the firm.