UPC MAP

How do the EPC and UPC interact

To ensure that patentees obtain patent coverage that meets the business’ needs both geographically and economically, it is important to understand how the European Patent (39 EPC countries plus 1 extension and 5 validation states) and the Unitary Patent (only available to EU Member States) will interact.

Currently, Unitary Patents (UPs) do not cover all 24 participating EU Member States as only 18 EU Member States have ratified the UPC Agreement to date. Outstanding ratifications are likely to take place successively, so there may be different generations of UPs with different territorial coverage. The coverage of a given generation of UP will stay the same for the entire lifetime, irrespective of any subsequent ratifications of the UPC Agreement after the date of registration of unitary effect.

Select from the list of countries below to understand what patenting and enforcement options are available now the UPC is live.

EPC (EU) country has joined UPC
EPC (EU) country intends to join UPC
EPC (EU) country signed but not ratified UPC
EPC (EU) country - not joining UPC
EPC (Non-EU) country - cannot join UPC
Local & Regional Divisions (infringement)
Central Divisions (revocation/DNI)
Court of Appeal / UPC Registry
Mediation & Arbitration Centres

*Germany ratified the UPC Agreement on 17 February 2023 – this means that the Unified Patent Court and Unitary Patent will go live on 1 June 2023

**The Irish government has committed to a referendum on ratifying the UPC Agreement before May 2024.

Latest updates

T 0295/22: Apremilast decision highlights hopes and challenges for broad second medical use claims

This case provides insight to the EPO’s interpretation of administration features in second medical use claims. Whilst the door appears to be open for broader second medical use claims, they …

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T 1418/22: Acalabrutinib provides guidance on establishing inventiveness of polymorphs at the EPO

The EPO Board of Appeal’s decision in T 1418/22 gives useful guidance on the inventiveness of polymorph claims in Europe. Starting from a known amorphous form, a specific crystalline form …

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HGF Celebrates Two Nominations at the Women and Diversity in Law Awards

We are proud to share that we have been nominated for two awards at The Women and Diversity in Law Awards which will take place on 18th March at Hilton …

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The Professional Services Management Excellence Awards

HGF are proud to have been shortlisted for the Professional Services Management Excellence Awards due to take place on 26th March. The Professional Services Management Excellence Awards, in association with …

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Stripped of Stripes; Browne v Adidas

Back in March, we reported on the US and EU decisions in the ongoing disputes between Adidas and Thom Browne (see Retail Scanner article here). In May, the US appeal …

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Iceland Foods v the Icelandic government goes to the EU General Court

When one thinks of Iceland, you may envision picturesque glaciers and hot springs, or you might think of prawn rings and frozen party food. The ongoing trade mark tussle between …

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