The UPC has transformed the European patent system by merging several national patent courts within the EU into a single patent court. This allows the UPC to rule on invalidity and infringement cases for eighteen participating EU member states. This makes the UPC a global first: it is the first time a civil law dispute can be resolved simultaneously for multiple countries.

“The UPC’s task is to deliver uniform, quick and efficient rulings on patent disputes. We main-tain a strict timeline, aiming to issue a decision within a year. This makes our jurisdiction pre-dictable for companies. We are strict about this as UPC judges: so far there have been few delays. On top of that, the quality of UPC's rulings is high. The court panels of the UPC include the best patent judges in Europe and their rotating compositions ensure a harmonized, Euro-pean interpretation of patent law. This results in predictable, uniform and consistent rulings. In addition, the panels are composed of both legally and technically qualified judges, who to-gether decide on all aspects of patent litigation. Hence, there is always a combination of in-depth patent law and technical knowledge in the assessment of cases. I think that is one of the main reasons that the UPC has been so well received.”
 
“The trust in the UPC can also be found in the success of the new Unitary Patents (UPs). That new UP is a single patent covering 18 EU countries, offering an efficient alternative to classic European bundle patents, which require separate validation in each European country. 

For these UPs, the UPC is the sole competent patent court. Initially, there was some hesitation to choose the UP because of this sole competence, but by now, 25 to 30 percent of new pa-tents are registered as UPs. This shows that there is considerable confidence in the UP. Com-panies recognize the benefits such as lower costs and broader geographic coverage of their patents.”

“The number of UPC lawsuits filed is quite large: now more than 700 (ed.: state as of the end of January 2025). This is in line with expectations. The Netherlands is traditionally particularly active in this, despite being a smaller country. Germany is the most active, especially in the local division of the UPC in Munich, where V.O. also has a branch office. The UPC has a local division in many EU countries, including in the Netherlands a local division in The Hague and Belgium has a division in Brussels.” 
 
“In terms of the type of cases, infringement proceedings dominate, accounting for about 36 percent of the cases. Stand-alone invalidity proceedings (see box) are less common, making up about 8 percent of the number of cases. These now often recur as 'counterclaims' in infringe-ment cases.”

“Some industries, such as pharmaceuticals, were reluctant at first, but we are already seeing a shift. Companies are starting to see the benefits of a European injuction through the UPC, and are carefully weighing the costs and timelines. In the future, there will likely be a mix, with companies strategically combining Unitary Patents, traditional European bundled patents and national patents.”

“For smaller companies, such as startups and smaller SMEs, the UPC will also be attractive. For example, as a patent judge, I am involved in a case in which two Belgian SMEs in Belgium are fighting a patent dispute through the UPC in Brussels. For these companies, the UPC offers the advantage that the ruling will apply not only to their home market of Belgium, but also to oth-er EU countries. Earlier, I was involved as a judge in a similar case between two German SMEs in Düsseldorf. In the Netherlands, a startup recently successfully blocked an infringer from Spain from the market with UPC. So smaller parties can certainly benefit from efficient and broad patent enforcement through the UPC.”

“Regarding the relationship between proceedings through the UPC and national courts, I ex-pect that the UPC will handle an increasing share of cases. Probably from 2030 the UPC will be the only competent court for the EU member states to also rule on classic European bundled patents: now you can go to the national courts for those patents in addition to the UPC on a country-by-country basis. National courts will still play their role in the future when it comes to national patents. But those proceedings will play an increasingly smaller role.”  
 
“The UPC has a strong foundation, with rules anchored in a treaty signed by most of the EU member states. The court will continue to expand in number of judges and cases and is expec-ted to develop into a full-fledged and even more efficient European patent court.”

“Patent attorneys play an important role in patent proceedings. Not only because they under-stand and can explain the technique of the invention, but also because they are also involved in the creation of patents. As a result, they know how patents should be interpreted, what the patent law issues are and what arguments can be formulated regarding validity and infringe-ment. Especially at the UPC where technical judges play an important role, it is important to have a skilled patent attorney on the litigation team.”  

“Traditionally, patent attorneys play a supporting role for the national patent courts. However, since many of our European patent attorneys have obtained the right to independently litigate before the UPC, you will see more teams of patent attorneys and lawyers there who have a more equal role. Especially in the situation where V.O. collaborates with external lawyers, that's beneficial for our clients, because our knowledge of the client allows us to work effi-ciently, stay closely involved and keep an eye open potential commercial solutions between parties.”