The Unified Patent Court - Key documents & legislation

The below article is outdated and does not reflect new developments since its publication. You will find up-to-date information about the Unified Patent Court and the Unitary Patent at gowlingwlg.com/upc

The Unified Patent Court (UPC) is established by an international agreement between states which are both members of the EU and contracting states to the European Patent Convention (EPC). The Unitary Patent (UP) is an instrument of EU law, but certain administrative tasks are entrusted to the European Patent Organisation (EPO). The key documents and legislation are set out below.

The Agreement on a Unified Patent Court (UPCA)

• Agreement on a Unified Patent Court
• Protocol to the UPCA on provisional application

Rules of Procedure

• UPC Rules of Procedure (18th Draft)
• UPC Rules on Court fees and recoverable costs
• Draft Guidelines for the determination of Court fees and the ceiling of recoverable costs of the successful party

European Legislation (Unitary Patent)

• EU Reg. 1257/2012 (Unitary Patent)
• EU Reg. 1260/2012 (translation regime)
• EU Reg. 542/2014 (amending Brussels I Regulation)

For further information on the UPC or advice and guidance as to how to prepare for it coming into force in 2017, please speak to Nick Cunningham, Michael Carter or another member of our patent team.