According to the roadmap shown above (which is still subject to changes if certain key deliverables and milestones are not met) the deposit of the UPCA ratification instrument by Germany is expected to occur in December triggering the Sunrise period of 3 months (starting on January 1st, 2023) followed by the entry into force of the UPCA on April 1st, 2023, with the Court opening its doors and starting to receive cases as from that date.
Navigating the UPC focuses on analysing how the Unified Patent Court is shaping patent litigation in practice, combining litigation and patent expertise into contributions that aim to be genuinely useful.
This new edition addresses a foundational issue in every UPC case: claim interpretation.
It analyses the EPO Enlarged Board’s decision in G 1/24, reviews the UPC Court of Appeal’s growing body of case law, and explains how similar legal foundations can lead to different interpretative instincts — with direct implications for both patent drafting and litigation strategy.
We would like to share with you Navigating the UPC, a new joint insight series developed under the Altius De Clercq initiative.
The ambition behind Altius De Clercq is to combine litigation and patent expertise into contributions that are not only visible, but genuinely useful. Navigating the UPC is part of that effort: a series focused on analysing how the Unified Patent Court is shaping patent litigation in practice.
The first contribution addresses a core issue in UPC infringement analysis: infringement by equivalence.
