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Unlock the potential of European patent enforcement and the Unified Patent Court with Marks & Clerk

What is the UPC? 

The Unified Patent Court (UPC) is an international court established to handle patent litigation for participating European Union member states, providing a centralised and streamlined process for resolving parallel disputes  across Europe. It is aimed at reducing the administrative and financial burdens associated with maintaining patents in multiple jurisdictions. Notably, the UPC's jurisdiction also extends to traditional European Patents (EPs) unless they are specifically opted out during the transitional period. This dual functionality underscores the UPC's central role in the future of European patent litigation. The European Patent Office (EPO) works alongside the UPC system to grant patents that can be enforced through this new court structure.

Choosing the best firm for your business at the UPC

A trusted IP firm for expert guidance in European litigation

With decades of experience in managing high-stakes, complex pan-European litigation, Marks & Clerk provides impartial and strategic advice to ensure your dispute is handled in the most effective forum, whether at the UPC or national Courts. Our team is well-versed in coordinating strategies that complement EPO opposition proceedings while managing parallel disputes in the UPC system

As a leading litigation and patent attorney firm, we stand out for our proven track record in executing multi-jurisdictional litigation strategies. Our expertise spans both the UK and EU, enabling us to seamlessly integrate UPC litigation into a broader global approach tailored to your objectives.

UPC proceedings demand exceptional preparation due to their highly frontloaded nature, tight timelines, and emphasis on the quality of written submissions. Our multidisciplinary attorney and solicitor team combines world-class legal and technical expertise, ensuring that every pleading meets the highest standards within the stringent timeframes. As expert solicitors and attorneys, we understand the importance of aligning UPC strategies with ongoing EPO opposition proceedings to maximize effectiveness.

By choosing Marks & Clerk, you align with a firm that not only competes with the best in the UK and EU but also excels at delivering strategic litigation solutions with unparalleled technical support across all participating member states. Our attorneys regularly work with the European Patent Office (EPO) to secure robust protection that can be effectively enforced through the UPC.

A leading IP firm with a proven track record at the UPC 

Since the UPC opened its doors in June 2023, attorneys across Europe have had a steep learning curve as they get to grips with this new system. Marks & Clerk’s combined team of lawyers and patent attorneys have had the pleasure of acting before the UPC in a number of actions, and have developed an excellent understanding of the practical aspects of working with clients before this new court.  

“The team at Marks & Clerk has been invaluable during our ongoing UPC litigation, combining technical precision with strategic insight, and tireless in their efforts to get the best outcome for us. Jonathan Stafford leads the UPC and EPO Oppositions team at Marks & Clerk and has handled cases with exceptional care and clarity, proving to be an excellent advocate in the court room and EPO alike." – Head of IP, Global Medical Devices Company.

UPC at two: Lessons learned and the road ahead

Read our latest analysis of trends at the UPC and what to expect as the UPC evolves

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Experience and insights

Team from Marks & Clerk secures a positive outcome at the EPO ahead of appearance in significant UPC hearing

Marks & Clerk has achieved further significant results for client Meril Life Sciences in their long running dispute with Edwards Lifesciences, securing a victory at the European Patent Office (EPO) Boards of Appeal.

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Marks & Clerk in action at the UPC - our early experience and insights

Last year’s establishment of the Unified Patent Court (UPC) marked a significant milestone in intellectual property (IP) law and Marks & Clerk has been active at the court, attending hearings and filing actions for our clients at the UPC. Our attorneys have gained valuable insights working with participating member states in this new system, particularly in coordinating strategies that involve both UPC actions and EPO opposition proceedings.

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UPC updates from Marks & Clerk

We are analysing all the latest case law from Europe’s newest court so you don’t have to. Be the first to hear the latest news by signing up below. Our updates include analysis of decisions from both the UPC and the European Patent Office (EPO), providing a comprehensive view of patent law developments across participating member states.

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Specialists

Photo: Thomas Prock

Thomas Prock

Partner German, European and Chartered (UK) Patent Attorney, UPC Representative
Thomas advises clients in the high-tech field, in particular, in the electronics sector on software, artificial intelligence and internet related subject matter. He has extensive experience working with the European Patent Office (EPO) and advising clients on patent strategies across participating member states.

Mike Gilbert

Partner Solicitor (UK)
Mike is an intellectual property lawyer who advises clients in a wide variety of business sectors on issues including intellectual property litigation and dispute resolution, IP strategy and risk limitation, due diligence projects and commercial and licensing transactions involving intellectual property. He works closely with the firm’s patent attorneys to develop comprehensive strategies for parallel disputes.

Jonathan Stafford

Partner Chartered (UK) and European Patent Attorney, UPC Representative
Jonathan handles patent matters in the chemistry and life science sectors, with emphasis on pharmaceuticals, medical and diagnostic devices, industrial chemistry, materials, and synthetic methods. Jonathan has particular expertise in the area of small molecule drugs and formulations, cardiovascular devices and wound care, polymers and polymer additives, graphene, catalysis, and stereoselective synthetic processes. He regularly represents clients in EPO opposition proceedings and coordinates these with UPC litigation strategies.
Photo: Will Nieuwenhuys

Will Nieuwenhuys

Partner Chartered (UK) and European Patent Attorney, UPC Representative
Will has experience in a variety of technical fields, with particular expertise in small molecule organic and pharmaceutical chemistry. His work often involves representing clients before the European Patent Office (EPO) and advising on patent strategies across participating member states.
Photo: Gareth Williams

Gareth Williams

Partner Chartered (UK) and European Patent Attorney, UPC Representative
Gareth is a partner in the Cambridge office of Marks & Clerk, and has over twenty years of experience in IP. His technical background is in human molecular biology and genetics, having obtained a doctorate which was funded as part of the Human Genome Project.
Photo: Charlie Balme

Charlie Balme

Partner Solicitor (UK)
Charlie is a Partner and patent litigator at Marks & Clerk Law who advises clients on the enforcement, defence and commercialisation of intellectual property, with a particular focus on patent litigation and licensing disputes in the life sciences field. He frequently collaborates with patent attorneys to coordinate strategies across UPC participating member states.