Unified Patent Court Procedure

This commentary examines, in detail, the procedure of the Unitary Patent Court.

This commentary is focussed on the procedure of the Unitary Patent Court covering infringement and defences, proceedings, provisions, powers of the court, appeals, decisions and implementation and operation of agreements.

This Article-by-Article Commentary explains the Unified Patent Court (UPC) procedure against the framework of the provisions of the Agreement on a Unified Patent Court (UPCA), drawing on the corresponding Rules of Procedure.

The UPC is a court common to 18 EU Member States and offers a uniform and efficient system for patent litigation at European level. Creating an efficient system requires clear and comprehensive rules governing the procedural aspects. Such rules are to be found in particular in the UPCA, the Statute of the Unified Patent Court (UPCS), and the extensive Rules of Procedure.

Understanding and navigating through the multiple rules is complex, not least because the UPC is in its infancy but also because of the contribution of national procedural laws in the legislative process. This book provides a clear and structured approach with comparative insights from German, French, and UK law to indicate possible directions the UPC may take in future cases.