In “Two Years of the UPC: Uncovering Patent Litigation in Europe,” host Andrew White is joined by Mathys & Squire Partner, solicitor and UK & European patent attorney, Nicholas Fox who delves into his expertise in patent litigation, focusing on the Unitary Patent system.
With June 2025 marking the two-year anniversary of the Unified Patent Court, they reflect on how the landscape of patent litigation in Europe has shifted over the last couple years as a result, combining a detailed analysis of the data, from the volume of cases to the number of Unitary Patents filed in each sector, with astute insights on the system’s up- and downsides.
A comprehensive guide to the UPC, this is an unmissable episode for patent attorneys, those looking to file patent applications in Europe and anyone else interested in Europe’s evolving patent dynamics.
Watch the full episode below.
You can listen to the episode on Spotify here.
You can learn more about the Unitary Patent system in our recent reports on the uptake of Unitary Patents in the IT & engineering and life sciences sectors.
Episode summary
Topics discussed🎙️
- The key background to the Unitary Patent system and the Unified Patent Court, including how the system works, which countries are involved and how it differs from traditional national filings.
- A look at the early trends in litigation activity since the introduction of the Unitary Patent system two years ago, analysing the volume of cases in comparison with cases on a national level.
- How the Unitary Patent system has impacted patent attorneys, opening up different litigation opportunities and shifting the competition among lawyers.
- Which sectors are opting in for unitary patents, why the approaches of companies diverge according to the sector, and the advantages and disadvantages of following the Unitary Patent route.
- Looking ahead to the future of patent litigation, speculating how enforcement, competition and access to justice will evolve as the Unitary Patent system evolves.
Key takeaways💡
- The UPC has reshaped enforcement in Europe: It enables a single legal action to cover multiple countries which reduces duplication and lowers litigation costs.
- Patent attorneys now have courtroom rights: With the right qualifications, European patent attorneys can represent clients in litigation, something previously limited to lawyers.
- Litigation has shifted significantly from Germany to the UPC: German case volumes are dropping, suggesting that the UPC is absorbing much of the previous national-level enforcement.
- Unitary patent uptake is uneven by sector: Industries like furniture and civil engineering are embracing the system, whilst life sciences are more cautious due to the risk of central revocation.
- Costs and translation still matter: For high-volume filers, the cost of translation under the Unitary Patent system may mean national filings remain attractive.
- Jurisdiction is expanding in unexpected ways: Recent cases show the UPC may be able to enforce even non-UPC patents (like UK patents) against EU-based infringers.
