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    Unitary Patent & Unified Patent Court

    A new European patent system

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    Pan-European Patent Litigation before the Unified Patent Court

    The Unified Patent Court (UPC) has fundamentally changed the European patent litigation landscape. Companies can now enforce or challenge patents across multiple jurisdictions through a single court proceeding.

    Berggren represents clients in complex patent disputes before the UPC, the European Patent Office (EPO), and national courts across Europe. Our integrated teams combine litigation expertise with deep technical patent knowledge to manage cross-border disputes strategically and efficiently.

    With more than 30 lawyers and European Patent Attorneys qualified to represent clients before the UPC, we support clients in high-stakes disputes across industries and technologies.

    See all our UPC litigators

    Need advice?

    Our team is ready to help you navigate the new UPC landscape. For more information about how you can use the new system to your advantage, get in touch with one of our professionals.

    To view a full list of our UPC representatives, click here.

    Robert Alderson

    US and European Patent Attorney, UPC Representative, International Client Relations

    Mariella Massaro

    Certified Licensing Professional, IP Strategist, International Client Relations

    Suvi Julin

    Lawyer, Patent Attorney, European Trademark and Design Attorney, UPC Representative

    Michael Braun

    German and European Patent Attorney, UPC Representative, European Trademark and Design Attorney

    Sebastian Greding

    Head of Munich office, German and European Patent Attorney, UPC Representative, European Trademark and Design Attorney

    Arttu Ahava

    Lawyer, European Trademark and Design Attorney, UPC Representative

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    Why Berggren for UPC litigation

    • 30+ UPC-qualified lawyers and European Patent Attorneys
    • Experience in parallel UPC, EPO and national court proceedings
    • Offices close to UPC divisions in Munich and Helsinki
    • Integrated teams combining legal and technical patent expertise

    Our multidisciplinary teams allow clients to manage complex patent disputes with a coordinated strategy across multiple jurisdictions.

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    UPC strategy guide

     

    This guide outlines strategic filing approaches that combine the advantages of the Unitary Patent and the Unified Patent Court with the security of national validations, helping you reduce the risk of central revocation while maximising enforcement options across Europe.

    Download the guide (PDF) 

    Unitary Patent and Unified Patent Court (UPC) – FAQ

    Key questions about the Unitary Patent system in Europe

    The Unitary Patent (UP) and the Unified Patent Court (UPC) have changed how patents are protected and enforced in Europe. The system allows companies to obtain patent protection across multiple EU countries through a single right and enforce patents centrally through the court system.

    Here are answers to the most common questions about Unitary Patents, the Unified Patent Court, and UPC strategy.

     

    What is a Unitary Patent?

    A Unitary Patent is a European patent granted by the European Patent Office that has unitary effect across participating EU Member States.

    Instead of validating the patent separately in each country, one request creates protection across all participating states.

    What is the Unified Patent Court (UPC)?

    The Unified Patent Court is a common court that handles disputes concerning:

    • Unitary Patents
    • Many traditional European patents

    The court can issue decisions with effect across several countries simultaneously.

    Which countries are covered by the Unitary Patent in 2026?

    As of 2026, the Unitary Patent covers the following 18 EU Member States:

    Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Romania, Slovenia, Sweden.

    Additional EU countries may join the system in the future.

    Does the Unitary Patent replace the European patent?

    No. The Unitary Patent is an additional option after a European patent is granted.

    Patent owners can still validate their European patent nationally in selected countries.

    What are the benefits of the Unitary Patent?
     

    Key advantages include:

    • Broad protection across many EU markets
    • Simplified administration
    • One renewal fee instead of multiple national fees
    • Potential cost savings for wide geographic coverage

     

    What are the risks of a Unitary Patent?
     

    A Unitary Patent is a single right, which means it can also be revoked centrally.

    If revoked at the UPC, protection is lost across all participating states at once.

    What is an opt-out in the UPC system?
     

    An opt-out allows a traditional European patent to be removed from the jurisdiction of the UPC.

    Disputes concerning that patent must then be handled in national courts instead of the UPC.

    Can a Unitary Patent be opted out?

    No.

    Once a patent is registered as a Unitary Patent, it automatically falls under the jurisdiction of the UPC and cannot be opted out.

    How long will the UPC transitional period last?

    The UPC currently operates under a transitional period of at least seven years, which may be extended up to fourteen years.

    During this period, patent owners may opt their European patents out of the UPC system.

    How should companies choose between a Unitary Patent and classic validation?

    The decision depends on factors such as:

    • key business markets
    • enforcement strategy
    • litigation risk
    • portfolio value and cost considerations

    Many companies adopt a mixed strategy, combining Unitary Patents with traditional national validations.

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    How can we help?

    How can we help?

    If you have any questions or would like to give feedback, our team is ready to help!

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