Jurisdiction(s):
European Union

EU Unitary Patent and Unified Patent Court: history, development, ratification, court structure, jurisdiction and key practitioner issues (opt-outs, fees, bifurcation, forum shopping), including the UK’s withdrawal

Published by a LexisNexis EU Law expert

Practice notes

ARCHIVED

This Practice Note is archived and is not being maintained.

It outlines the historical context of the EU unitary patent (UP) and the Unified Patent Court (UPC), together with key points on how the patent and the court were intended to operate.

For fuller detail on the UPC’s structure, jurisdiction and competence, and a review of first‑instance and Court of Appeal procedure explaining the UPC Rules of Procedure, see Practice Note: Unified Patent Court—procedure.

The UPC commenced operations on 1 June 2023, following a three‑month sunrise phase that began on 1 April 2023. This came after several setbacks, including the UK’s exit from the EU with its subsequent withdrawal from the system, and the German Federal Constitutional Court’s decision to uphold a complaint against the Unified Patent Court Agreement (UPCA).

Historical background and concepts

As early as the 1950s, the six founding states of what became the EU sought a single patent spanning all their territories. Long known as the Community patent, and now as the UP, this objective proved difficult to realise, although two EU regulations were adopted...

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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 21/05/2026

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