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ARTICLE · 04 SEPTEMBER 2025

UPC Protects Defendant's Financial Risk During UPC Proceedings

J A Kemp
J A Kemp
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J A Kemp

J A Kemp

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Almost since its inception, the UPC Courts have had a reputation for being patentee friendly. Certainly, the time limit for the Defence (three months in main proceedings) can put a lot of pressure on the defendant...

United StatesIntellectual Property

Almost since its inception, the UPC Courts have had a reputation for being patentee friendly. Certainly, the time limit for the Defence (three months in main proceedings) can put a lot of pressure on the defendant in a complex or complicated case. Also, the potential for forum shopping between divisions, as well as the quick turnaround from initiating an action to receiving a decision are features often considered to benefit the patentee. Further, the UPC is also often in direct competition with the domestic German Courts. The three main German Patent Courts, Munich, Mannheim and Düsseldorf, have long held reputations for being efficient and cost-effective courts for patentees in which to pursue an infringement action.

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