UPC: Reflecting on the Past to Shape the Future

UPC: Reflecting on the Past to Shape the Future

A little over a year has passed since the launch of the Unified Patent Court (UPC), and the results speak for themselves, demonstrating its widespread acceptance and positive impact.

As of June 1, 2024, more than 27,500 unitary patents were registered, a 24% uptake since June 2023. Now in mid-August, this number is close to 32,000.

Cases have also started to roll in. According to the UPC’s caseload report, covering early June 2023 to the end of May 2024, a total of 373 cases were filed.

The distribution of these cases is as follows:

upc-past-future-1

The German courts have clearly seen the highest demand, prompting the appointment of two new judges this spring, Mr. Dirk Böttcher and Mr. Daniel Voß. Despite this, German is no longer the dominant language in proceedings. English has taken on the mantle, being used in 50% of cases, with German following at 44%, and French at 2%. The gap widens further when considering procedural language: English is used in 73.8% of cases, German in 20.3%, and French in 5.9%.

This trend likely reflects the growing global trust in the UPC, driving the increased use of English and forecasting a surge in UPC cases beyond Germany. The number of requests before the UPC has shown a steady upward trajectory, as illustrated below:

upc-past-future-2

When examining the origins of proprietors, the US ranks second, representing 16.1% of proprietors, just behind Germany at 19.1%. Other international players, such as China, Japan, and Korea, are also gradually becoming more prominent.

Regarding proprietor demographics, over half of European proprietors are large enterprises (56.9%), while SMEs/individual inventors and universities/public research institutions collectively account for 43.1% (35.5% and 7.6%, respectively). This distribution is unsurprising, given that large enterprises typically have a global presence and extensive portfolios that necessitate broad protection.

As trust in the UPC grows, its unitary effect continues to expand across Europe, attracting increasing international interest. The future of the UPC looks promising.

Continuous updates are provided on the Dashboard for the Unitary Patent website, making UPC progress and acceptance tracking a simple process.

Navigating this new system can be challenging, but our team of legal experts and attorneys is ready to guide you through the unitary patent application process and its implications. Feel free to reach out to us at contact@alatis.eu for assistance.

Sources:

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