Jurisdiction(s):
European Union

Unitary Patent and Unified Patent Court: structure, jurisdiction, opt-outs, concurrent jurisdiction and litigation procedure from First Instance to Appeal

Published by a LexisNexis EU Law expert

Practice notes

This Practice Note outlines the unitary patent (UP) and Unified Patent Court (UPC) framework, describing the UPC’s composition, remit and powers in overview. It details the transitional opt-out arrangements currently available during the sunrise period. It also covers procedures in the Court of First Instance and the Court of Appeal, examining and elucidating the UPC Rules of Procedure in detail and context. The UPC formally commenced operations on 1 June 2023, following a three‑month sunrise phase. This milestone came after several earlier hurdles, notably the UK leaving the EU and later choosing to exit the project itself, and the German Federal Constitutional Court’s ruling upholding an initial challenge to the Unified Patent Court Agreement (UPCA).

Introduction to the unitary patent and Unified Patent Court system

The new system is in two parts, as follows:

a new form of European patent (EP) with unitary effect, commonly also referred to as the UP
a new judiciary, the UPC, for disputes concerning UPs and both upcoming and existing ‘classical’ EPs and their supplementary protection certificates (SPCs)

For further information on the historical background and development of the UP and UPC system, see Practice Note: Unitary patents and the Unified Patent Court—historical background and...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Dr Gregory Bacon

Bristows

Greg Bacon’s extensive scientific background gives him a valuable understanding of technical issues that can underlie IP matters, particularly in the life sciences field. He has advised and represented clients on small molecule pharmaceuticals, biologics (originators and biosimilars), medical devices (hardware and software), as well as in the cosmetics, chemicals, technology, shipping and online publishing sectors. Greg has represented clients in many cases before both the English High Court (including Patents Court) and Court of Appeal. In addition, Greg has extensive experience of strategic multinational litigation in multiple jurisdictions, including at the EPO, through global pharmaceutical product coordination projects for many clients. He has also spent time on secondment to the IP litigation department of a leading IP law firm in the Netherlands as well as the UK legal department of a global healthcare IT company, working on...

Web page updated on 27/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...