The Unified Patent Court (UPT) is the new European Court in Unitary Patent and European Patent litigation.
There are three headquarters of the courts, Paris, Munich and Milan. The Court of Appeal is based in Luxembourg.
The Milan office of the TUB and the Court of First Instance are located at 50 Via S. Barnaba.
The Unified Patent Court has jurisdiction over:
- actions against violations committed or threatened
- counterclaims for nullity
- nullity actions
- compensation actions
- Requests for provisional and precautionary measures and injunctions.
The Unified Patent Court will issue a single decision that will be applicable in all countries where the Unitary Patent that is the subject of the decision or a European Patent is valid.
In contrast, for countries that are not members of the Unified Patent Court Agreement, patent jurisdiction will remain with each national court with the risk of different-and even opposing-pronouncements from country to country, as is currently the case.
National patents granted in member countries-whether they are members of the Unitary Package or non-members-will remain within the jurisdiction of each national court.
Provision is also made to opt out of the jurisdiction of the Unified Patent Court,
preferring national courts (opt-out). This type of choice will last for 7 years and can be activated within one month before the end of this transition period.
