UPC And EPO – Parallel Paths, Divergent Decisions In Pharma/biotech Patent Litigation

The European patent landscape is evolving rapidly, particularly in the pharmaceutical/biotech sector, where the Unified Patent Court (UPC) and the European Patent Office (EPO) are shaping litigation strategies. The expectation that UPC proceedings will automatically be stayed pending EPO opposition outcomes is not very factual. Instead, the UPC asserts its independence, prioritizing timely justice over lengthy administrative processes.

UPC's Approach: No Automatic Stay for EPO Oppositions

The UPC has positioned itself as a competent and efficient forum for resolving patent disputes, including validity challenges. While an EPO opposition decision may influence the UPC, the court does not automatically pause its proceedings. Instead, it prioritizes speed and efficiency, avoiding delays caused by lengthy EPO processes.