The aim of these articles is to keep our Clients and Associates updated about developments in the sector of Intellectual Property in general and our firm in particular. In this way, we wish to provide a broader view of the tools that the field of trade marks, domain names, patents, designs and related rights offers to entrepreneurs to enhance and protect their efforts in researching and developing new solutions and ideas.
Three years of the Unitary Patent and the Unified Patent Court: a mature system for patent protection in Europe
On 1 June 2026, the Unitary Patent (UP) and the Unified Patent Court (UPC) celebrated their third anniversary. After an initial launch phase followed by a period of procedural consolidation, the system has now reached full operational maturity and has become a key component of patent protection strategies across Europe.
The latest figures published by the European Patent Office (EPO), together with the UPC's 2025 Annual Report, confirm the growing acceptance of both the Unitary Patent and the Unified Patent Court, demonstrating that the new framework is now a well-established and increasingly predictable part of the European patent landscape.
Continued Growth in the Adoption of the Unitary Patent
Since its introduction, more than 97,000 requests for unitary effect have been filed, and the uptake rate (percentage of requests received with respect to European patents granted) has continued to rise, now exceeding 30% of all European patents granted. The Unitary Patent has established itself as an attractive option for obtaining broad territorial protection across participating Member States through a simplified administrative framework and a centralized renewal fee system.
The available statistics also confirm that the system is far from being used exclusively by large multinational corporations. A significant proportion of requests originates from SMEs, universities, research institutions and individual inventors, reflecting the accessibility and practical advantages of the new system.
The UPC Continues to Demonstrate Efficiency
The Unified Patent Court has likewise experienced a steady increase in activity.
More than 1,100 actions have now been filed before the Court of First Instance, while the Court of Appeal has handled over 300 appeals.
One of the UPC's most notable achievements continues to be the speed of its proceedings. Patent infringement actions are currently resolved, on average, in approximately thirteen months—a remarkably short timeframe compared with litigation before many national courts. This efficiency has significantly altered litigation strategies, requiring parties to prepare comprehensive arguments within strict procedural deadlines.
An Expanding and Influential Case Law
As the number of decisions grows, the UPC is also developing an increasingly sophisticated body of case law.
One of the most closely watched developments in 2026 is the Court of Appeal's first request for a preliminary ruling from the Court of Justice of the European Union in Dyson v. Dreame. The forthcoming decision is expected to clarify important jurisdictional issues concerning the territorial reach of the UPC.
At the same time, litigation involving Standard Essential Patents (SEPs) continues to expand, confirming the UPC's growing importance in disputes involving high-technology industries and telecommunications.
New ADR Opportunities
Another significant milestone was reached on 2 June 2026 with the full opening of the Patent Mediation and Arbitration Centre (PMAC), operating from Ljubljana and Lisbon.
The Centre offers parties specialised mediation and arbitration services for patent disputes, providing an additional confidential and flexible dispute resolution mechanism alongside UPC litigation.
Keeping Pace with a Rapidly Evolving European Patent System
Three years after its launch, the European patent system has entered a new phase of maturity.
Choosing between a Unitary Patent, a traditional European patent, the use of the UPC or an opt-out strategy now requires careful consideration of each client's commercial objectives, territorial coverage and enforcement plans. As the legal framework continues to evolve through UPC decisions, staying informed has become increasingly important for practitioners advising clients with European patent portfolios.
Our firm closely follows legislative and judicial developments relating to the Unitary Patent and the Unified Patent Court. We regularly assist international clients and foreign associate firms with European patent prosecution, validation strategies, UPC-related matters and enforcement throughout Europe.
We would be pleased to work with colleagues worldwide seeking reliable European support for their clients' patent protection and enforcement needs.