Which patents fall under the jurisdiction of the Unified Patent Court?

All Unitary Patents (UPs) exclusively fall under the jurisdiction of the UPC. Once a UP has been obtained then the UPC system is solely responsible for legal actions relating to the UP.

The UPC additionally has jurisdictions over the national validations of traditionally granted European patents, irrespective of whether or not they are granted after the UP regime comes into force or if they were granted previously. The jurisdiction of the UPC is, however, not exclusive in this regard and the respective national courts in the validation states also have jurisdiction.  The default position is that the UPC and the national courts share jurisdiction over traditionally validated European patents, with the court system (UPC or national court) in which legal action is first brought obtaining exclusively responsible for the legal action, locking the court system not chosen out for the legal action.

This default position allows potential infringers or parties that try to clear the way to bring revocation actions or actions for declarations of non-infringement in the court system of their choice, thereby depriving patent proprietors of their choice of forum.

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