UPC Impact: Analyzing the Unified Patent Court’s First Year

The Unified Patent Court (UPC) has emerged as a new force in the global patent landscape. For the first time, it offers a means to enforce patents across 17 European states, creating an environment capable of rivaling other major global patent jurisdictions. The UPC aims to deliver highly effective relief to plaintiffs in terms of speed-to-decision, proportionality and cost. As the UPC’s role and influence continue to develop, one thing is clear: the UPC matters.

But what does this mean for patent holders, innovators and organizations looking to protect their IP, and how should they approach this formative new jurisdiction?

Leveraging exclusive data from the Darts-ip™ IP case law database, Clarivate™ has compiled a report that offers unprecedented insights into the UPC’s first year of operation. From June 1, 2023, to May 31, 2024, we tracked litigation activity before the central and local/regional UPC Divisions. Our comprehensive analysis covers the court’s activity, case analysis by industry and technology, the activity of the parties and representatives, languages and decisions.

Our data and analyses offer valuable insights into global litigation trends and validate a strategic view of the UPC’s emerging role as a preferential substitute for European national courts.

To read the comprehensive analysis in full, download your copy of the report.

Key trends in UPC activity

Our report reveals interesting trends in the number of actions initiated each month at the UPC. Despite peaks in the number of actions received between November 2023 and January 2024, the total number of actions did not follow a regular trend. The Court saw an average of 10 infringement filings each month, with some months seeing peaks and others seeing as few as 4 cases.

Interestingly, the number of revocation cases filed each month was lower, averaging two cases each month. These lower figures were likely influenced by extraneous factors, including the cost advantages of instigating opposition proceedings at the European Patent Office (EPO) and the fact that when a patent is revoked during opposition proceedings at the EPO, it is revoked in all 39 EPC member states, compared to the UPC’s 17.

The number of infringement and revocation cases brought before the UPC per month.

Deciphering technology trends in UPC infringement and revocation cases

Our report provides an in-depth analysis of industry-specific trends in infringement and revocation cases. This sector-specific data provides a compelling context for understanding how different industries are reacting to the UPC’s jurisdiction. The data and corresponding analyses serve as a guide for organizations who want to understand litigation patterns, anticipate trends, and strategically align their IP portfolios with their litigation strategies.

Below is a snapshot of some of the analyses from the report:

Infringement cases

Electrical engineering was at the forefront, accounting for 39.8% of all infringement cases at the UPC
Instruments followed, making up 22.6% of cases
Mechanical engineering and chemistry also had a significant presence, accounting for 16% and 13% of cases, respectively
The information and communication technologies (ICT) sector was notably active, accounting for 38.5% of all patents asserted.

Revocation cases

Instruments led the way, making up 36% of all revocation cases at the UPC
Electrical engineering was represented in 28% of cases across the industries studied
Mechanical engineering and chemistry were less common, each accounting for 8% of cases.

The emergence of an effective jurisdiction

The UPC’s inaugural year marks a significant milestone in the global patent landscape. The Court’s recent merits-based decisions (UPC_CFI_230/2023 (Darts-ip ref darts-274-810-Q-en) and UPC_CFI_7/2023 (Darts-ip ref darts-266-630-Q-de)), coupled with the unique data and analyses extracted from Darts-ip, suggest that the UPC is not only an effective jurisdiction but also an evolving one with the potential to become a major player in patent disputes.

Our report suggests a potential shift from national courts to the UPC in certain technical fields. This could have significant implications for organizations looking to protect their intellectual property rights in Europe, highlighting the UPC’s potential to become a preferential substitute for European national courts.

Monitoring these trends and developments is crucial for making informed decisions about the UPC. Darts-ip can play a pivotal role in transforming fragmented information from various sources into structured, searchable and actionable intelligence.

To understand how Darts-ip collects, classifies and analyzes global patent data, visit our Patent Cases hub.

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