The Unified Patent Court has changed the way European patents are enforced and challenged. A single UPC case may affect several European markets at once, creating powerful opportunities for patent owners and significant risks for companies accused of infringement.

For international businesses, UPC proceedings require early strategy, technical claim analysis, evidence management and coordinated legal representation. The choice between UPC litigation, national litigation, EPO opposition, UPC revocation and settlement should be made before procedural deadlines and commercial pressure narrow the available options.

Bauer IP provides support for clients seeking a UPC representative and European Patent Attorney for disputes involving European patents and Unitary Patents.

What Is the Unified Patent Court?

The Unified Patent Court, or UPC, is a common patent court for participating European states. It has jurisdiction over Unitary Patents and, unless opted out where available, certain classic European patents. The UPC hears patent infringement actions, revocation actions, counterclaims for revocation, preliminary injunction requests and other patent-related proceedings.

The UPC was created to provide a more centralised patent litigation system in Europe. Instead of litigating the same European patent separately country by country, a party may be able to enforce or challenge patent rights through one court system with effect in several participating states.

This makes the UPC strategically powerful. For patent owners, it can provide broader enforcement leverage. For defendants, it can create the risk of a multi-country injunction or central revocation of valuable patent rights.

Who Needs a UPC Representative?

UPC representation may be needed by any company whose business depends on European patent rights or whose products may be affected by a competitor’s European patent. This includes both patent owners and potential defendants.

You should consider seeking UPC advice if:

• you own a European patent and want to enforce it across several European markets;
• you are accused of infringing a European patent or Unitary Patent;
• a competitor’s patent blocks your product launch in Europe;
• you want to file a UPC revocation action against a competitor’s patent;
• you need to defend against a UPC preliminary injunction;
• you are deciding whether to opt out a European patent from UPC jurisdiction;
• you are foreign patent counsel looking for European patent litigation support;
• you are preparing a freedom-to-operate or market-entry strategy for Europe.

UPC strategy should be considered not only when litigation has already started, but also when drafting, validating or managing European patent portfolios.

UPC Litigation vs National Patent Litigation

Before the UPC, European patent disputes were often litigated nationally. A patent owner might sue in Germany, France, the Netherlands or another national court, with each case affecting only that national part of the European patent. The UPC changes this approach by offering a centralised forum for participating states.

Issue	UPC Litigation	National Patent Litigation
Territorial effect	May affect several participating UPC states through one proceeding.	Usually limited to the country where the national action is brought.
Patent rights	Unitary Patents and non-opted-out European patents.	National patents and national parts of European patents.
Key advantage	Central enforcement and central revocation possibilities.	Country-specific strategy and potentially lower central revocation risk.
Key risk	A central revocation attack may affect the patent broadly.	Multiple national cases may be needed for broad European enforcement.
Strategic question	Is a central UPC action commercially beneficial or too risky?	Is a country-by-country approach more appropriate?

For many clients, the question is not simply whether the UPC is available. The real question is whether UPC litigation supports the business goal: market exclusion, defence against injunctions, licensing leverage, product launch clearance or portfolio risk management.

UPC Infringement Actions

A UPC infringement action may be used by a patent owner to enforce a European patent or Unitary Patent against an alleged infringer. The remedies may include injunctions, damages, orders for information, recall, removal from the channels of commerce and other measures depending on the circumstances.

Before filing an infringement action, the patent owner should prepare a detailed claim chart showing how each feature of the asserted claim is implemented by the accused product or process. The patent should also be stress-tested against likely validity attacks, because a defendant may respond with a counterclaim for revocation.

Bauer IP can assist with technical infringement analysis, claim construction, patent validity review, evidence preparation and coordination of UPC strategy with broader European patent enforcement.

UPC Revocation Actions

A UPC revocation action allows a party to challenge the validity of a patent before the Unified Patent Court. This may be used by competitors, manufacturers, distributors or accused infringers seeking to remove a blocking patent from the market.

Common validity attacks include lack of novelty, lack of inventive step, added subject-matter, insufficiency of disclosure and other patentability objections. A revocation action requires careful prior art analysis, technical argumentation and procedural planning.

UPC revocation can be commercially powerful because it may affect patent protection in multiple participating states. It can also be risky if it triggers countermeasures by the patent owner, including infringement claims or settlement pressure.

Defending Against a UPC Patent Infringement Claim

If your company receives a UPC infringement claim, warning letter or threat of a preliminary injunction, timing is critical. The defence should be prepared quickly and should usually combine several layers of analysis.

A defence strategy may include:

• Non-infringement: the accused product or process does not implement one or more claim features;
• Invalidity: the patent lacks novelty, inventive step, sufficiency or contains added subject-matter;
• Claim construction: the asserted claim should be interpreted more narrowly than the claimant suggests;
• Prior use: earlier use or possession may provide a defence in certain circumstances;
• Jurisdiction: the UPC may not be the correct forum for all defendants, territories or remedies;
• Procedural strategy: counterclaim for revocation, preliminary objection, security for costs or settlement strategy.

For international companies, the defence should also consider the supply chain: manufacturing, import, distribution, online sales, subsidiaries, group companies and local market presence.

Preliminary Injunctions Before the UPC

Preliminary injunctions can create urgent business risk. A patent owner may seek interim measures to stop alleged infringement before the full merits of the dispute are finally decided. For defendants, this can threaten product launches, distribution channels, trade fairs, online sales and customer relationships.

Both applicants and defendants must prepare evidence quickly. The patent owner must show why urgent relief is justified. The defendant must respond with technical, legal and commercial arguments against the requested measures.

UPC preliminary injunction strategy should be integrated with validity analysis, non-infringement arguments, proportionality, urgency and possible settlement options.

UPC Opt-Out Strategy

During the transitional period, certain European patents may be opted out of the jurisdiction of the UPC, subject to applicable rules and conditions. Opt-out strategy is important for patent owners who want to avoid central revocation risk or preserve national litigation options.

However, opt-out is not always the best choice. Some patent owners may prefer UPC jurisdiction to gain broader enforcement leverage. Others may choose a mixed portfolio strategy, keeping some patents within the UPC system while opting out others.

Bauer IP can assist with analysing whether opt-out is appropriate for a specific European patent portfolio and how it fits with enforcement, licensing and defensive objectives.

How Bauer IP Prepares a UPC Strategy

UPC cases require a combination of patent law, technical analysis and litigation planning. Bauer IP helps clients structure the case before procedural choices become irreversible.

Our UPC Representation Services

Bauer IP assists clients with a range of UPC-related patent matters, including early-stage strategy, technical analysis, litigation support and coordination with EPO and national proceedings.

• UPC infringement strategy for European patent owners;
• defence against UPC patent infringement claims;
• UPC revocation actions and counterclaims for revocation;
• prior art searches and validity opinions;
• claim charts and infringement analysis;
• technical support for complex patent disputes;
• preliminary injunction strategy;
• UPC opt-out analysis and portfolio review;
• coordination with EPO opposition proceedings;
• European patent enforcement and licensing strategy;
• support for foreign patent attorneys and international counsel.

Why Choose Bauer IP as Your UPC Representative?

UPC litigation is not only a legal dispute. It is a technical and commercial risk-management exercise. A strong UPC strategy requires understanding of European patent law, EPO practice, claim interpretation, prior art, product design and business consequences.

Bauer IP offers clients:

• European patent expertise: experience with European patent prosecution, opposition and validity analysis;
• technical understanding: ability to analyse claim features, product structures and prior art;
• UPC-focused strategy: support for infringement, revocation, defence and opt-out decisions;
• international client focus: assistance for non-European companies and foreign patent counsel;
• commercial perspective: advice aligned with market entry, enforcement, licensing and settlement objectives.

UPC Strategy for International Clients

Foreign companies often face specific challenges in European patent litigation. They may be unfamiliar with UPC procedure, national validation structures, opt-out status, European patent claim interpretation or the relationship between EPO opposition and UPC revocation.

Bauer IP can act as a European point of contact for international clients and foreign patent attorneys, helping to translate technical and commercial objectives into a practical UPC strategy.

This is particularly relevant for companies from the United States, China, Japan, Korea, India and other non-European jurisdictions seeking to enforce patents, defend product launches or evaluate patent risk in Europe.

Frequently Asked Questions

What is a UPC representative?

A UPC representative is a professional entitled to represent parties before the Unified Patent Court. In patent disputes, clients often need a representative who understands both European patent law and the technical subject matter of the patent.

What types of cases does the Unified Patent Court handle?

The UPC handles patent infringement actions, revocation actions, counterclaims for revocation, preliminary injunction requests and other proceedings concerning Unitary Patents and certain European patents.

Can foreign companies use the UPC?

Yes. Foreign companies may be involved in UPC proceedings as patent owners, defendants, manufacturers, distributors or interested parties, provided the dispute concerns patent rights within the UPC system.

Can a European patent be revoked before the UPC?

Yes. A UPC revocation action or counterclaim for revocation can challenge the validity of a patent within the UPC system. This can be a powerful tool for companies facing blocking patents in Europe.

What is the difference between EPO opposition and UPC revocation?

EPO opposition is a post-grant procedure before the European Patent Office and must be filed within a strict opposition period. UPC revocation is a court action before the Unified Patent Court and may be relevant in litigation or after the EPO opposition period has expired.

Can the UPC grant preliminary injunctions?

Yes. The UPC may grant preliminary injunctions and other interim measures where the legal requirements are met. This can create urgent commercial risk for defendants and powerful leverage for patent owners.

Should I opt out my European patent from the UPC?

Opt-out strategy depends on the patent, portfolio value, enforcement objectives, central revocation risk and market strategy. Some patents may benefit from UPC jurisdiction, while others may be better kept within national court systems.

How should I prepare for UPC litigation?

Preparation should include claim construction, infringement or non-infringement analysis, prior art review, validity assessment, evidence collection, jurisdiction review, cost-risk analysis and procedural strategy.

Can Bauer IP help with both UPC and EPO strategy?

Yes. Bauer IP assists with European patent prosecution, EPO opposition, UPC-related patent strategy, infringement analysis, revocation strategy and coordination of European patent disputes.

This page provides general information only and does not constitute legal advice. UPC strategy depends on the specific patent, product, jurisdiction, evidence, procedural status, commercial objective and timing of each case.