First few months of the Unified Patent Court: a review

26-10-2023

Sebastian Moore and John Lao

First few months of the Unified Patent Court: a review

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Despite a rocky start, with case-management issues and plenty of scepticism from stakeholders, there is much to applaud in the UPC’s first four months, write Sebastian Moore and John Lao of Herbert Smith Freehills.

The first four months of operation of the Unified Patent Court (UPC) was a success.

After so many years in the making and the resulting political compromises made to get the project over the line, there was some scepticism as to the extent to which stakeholders would avail themselves of the court and the new European patent with unitary effect (the Unitary Patent).

Contrary to expectations, stakeholder participation has been high, and the court has made an emphatic start, with 43 orders being made already over a diverse and interesting range of applications and issues.


Unified Patent Court, UPC, Unitary Patent, Herbert Smith Freehills, preliminary injunction, myStromer v Revolt Zycling, 10x Genomics, NanoString, Sanofi

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