On 19 February 2026, I had the honour and privilege of being invited by the European Commission to discuss the UP and the UPC with some of Europe’s leading patent practitioners. This article sets out the reflections I shared on that occasion: where the system is already delivering, where the friction points are emerging in practice, and which technical adjustments would most effectively improve usability, predictability and legitimacy.

The Court Appeal clarified that withdrawal of the opt-out is not allowed when national proceedings were commenced during the transitional period. Instead, proceedings commenced before the transitional period cannot affect the withdrawal.

The decision elaborates on the need to dismiss or stay the case due to the pending of parallel proceedings between affiliated companies and provides a summary of the criteria to be followed in interpreting claims and assessing novelty and inventive steps.

By the order under discussion, the CoA overturned this decision finding that, contrary to the judgement of the CFI, the validity of the patent at issue was not established with a sufficient degree of certainty for the injunction to be issued.

The Court of Appeal (CoA) of the UPC stated that, in proceedings that do not involve technical issues, the Court of Appeal can decide without technically qualified judges.

The "Unitary Patent" is a European Patent, granted by the European Patent Office following the traditional procedure, for which the holder requests the unitary effect. This is in force as from June 2023. The UPC is new court common to the EU Member States, having jurisdiction on Unitary Patents and traditional European Patents.

The Unified Patent Court or UPC is a new court common to the EU Member States that have signed and ratified its founding agreement. Here’s an overview of its structure and jurisdiction.

The Unified Patent Court or UPC is a new court common to the EU Member States that have signed and ratified its founding agreement. Here’s an an overview of the available remedies, enforcement, languages, applicable law and timing of the proceedings.

The Unified Patent Court or UPC is a new court common to the EU Member States that have signed and ratified its founding agreement. Here’s an overview of the applicable procedures.

The "Unitary Patent" is a European Patent for which the holder requests the unitary effect. This is in force as from June 2023. The UPC is new court common to the EU Member States, having jurisdiction on Unitary Patents and traditional European Patents. Here is an overview of their Pros and Cons.

An overview of the main changes: coexistence between national and European/Unitary patent; overturning of the Professor's privilege; civil seizure at fairs; temporary protection of designs exhibited at fairs.