Court Presentation

The UPC is an international court common to currently seventeen EU Member States, in which the Agreement on a Unified Patent Court (UPCA) is in force. The UPCA can be ratified by any of the other seven EU Member States which have signed it at any time. Furthermore, any of the remaining EU Member States could still accede to it anytime.

The UPC offers a uniform, specialised, and efficient framework for patent litigation at a European level. It hears both infringement and revocation actions. The Court has exclusive jurisdiction in respect of “classic” European patents and European patents with unitary effect (Unitary Patents). The exclusive jurisdiction regarding “classic” European patents is, however, subject to exceptions during a transitional period of seven years. During this period, actions concerning “classic” European patents may still be brought before national courts or other competent national authorities. Furthermore, “classic” European patents can be opted out entirely from the UPC’s jurisdiction.   

The Court comprises a Court of First Instance, a Court of Appeal, and a Registry. In addition a Patent Mediation and Arbitration Centre is foreseen to foster amicable settlements.

The Court is composed of judges from all over Europe. The panels comprise both legally and technically qualified judges with great expertise in patent litigation.

Court of First Instance

The Court of First Instance has a decentralised structure and comprises a central division in Paris with a section in Munich, as well as various local divisions and a regional division located all over Europe. Read more about the Court’s locations.

The Court of First Instance hears various types of actions, which are listed in Art. 32 of the UPCA.

The President of the Court of First Instance is Ms Florence Butin.

Any panel of the Local Divisions in Brussels, Copenhagen, Helsinki, Lisbon, Ljubljana and Vienna sits in a multinational composition of three legally qualified judges pursuant to Article 8(2) of the UPCA.

Any panel of the Local Divisions in Düsseldorf, Hamburg, Mannheim, Munich, Paris, Milan and The Hague sits in a multinational composition of three legally qualified judges pursuant to Article 8(3) UPCA.

Any panel of the Nordic Baltic Regional Division in Stockholm/Riga/Tallinn/Vilnius sits in a multinational composition of three legally qualified judges pursuant to Article 8(4) UPCA.

An additional technically qualified judge with qualifications and experience in the field of technology concerned is allocated to any panel of a local or regional division pursuant to Article 8(5) UPCA.

Any panel of the Central Division sits in a multinational composition of two legally qualified judges and one technically qualified judge with qualifications and experience in the field of technology concerned pursuant to Article 8(6) UPCA.

Any panel of the Court of First Instance is chaired by a legally qualified judge.

Court of Appeal

The Court of Appeal has its seat in Luxembourg and decides on appeals against decisions of the Court of First Instance and on requests for rehearing of final decisions of the Court.

The President of the Court of Appeal is Dr Klaus Grabinski, who is also the chairperson of the Presidium of the Court.

Any panel of the Court of Appeal sits in a multinational composition of three legally qualified judges and two technically qualified judges with qualifications and experience in the field of technology concerned pursuant to Article 9(1) UPCA.

Any panel dealing with actions under Article 32(1)(i) sits in a multinational composition of three legally qualified judges pursuant to Article 9(2) UPCA.

Any panel of the Court of Appeal is chaired by a legally qualified judge