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ARTICLE · 21 APRIL 2026

Stock Take: Long-arm Jurisdiction At The UPC

A&O Shearman
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Lawyers at A&O Shearman analyze the Unified Patent Court's evolving long-arm jurisdiction over European Patents, examining landmark cases that define its scope and limitations. The analysis explores how the UPC can extend its reach beyond its borders to adjudicate infringement claims involving non-UPC member states, while identifying the jurisdictional boundaries established by recent Court of Appeal decisions and pending CJEU referrals.

GermanyIntellectual Property
Frits Gerritzen
Frits Gerritzen
Tom Edwards
Tom Edwards
Christopher Stubbs
Christopher Stubbs
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Lawyers at A&O Shearman analyze developments regarding UPC’s long-arm jurisdiction, including its scope and jurisdictional limits

The Unified Patent Court (UPC) "long-arm” jurisdiction over European Patents (EPs) and defendants domiciled in a jurisdiction outside of the UPC has garnered significant attention.

Over the past 12 months, the UPC has held it has jurisdiction over the infringement of EP designations of non-UPC EU member states, EP designations of non-UPC, non-EU countries and infringement of non-UPC EPs by third parties domiciled outside the EU via an “anchor defendant”. The issue has now been raised in several cases before the UPC Court of Appeal, leading to the first UPC referral to the Court of Justice of the EU (CJEU) and the setting of a jurisdictional boundary regarding jurisdiction over non-UPC EP designations.

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