Rules of Procedure of the Unified Patent Court (UPC)
ReferenceThe Unified Patent Court (UPC) has been operating since 1 June 2023 and hears disputes concerning European patents and unitary patents for the participating EU Member States, including the Netherlands. A local division sits in The Hague.
The Rules of Procedure comprise more than 350 rules covering the written, interim and oral stages, provisional measures, evidence, the language regime and time limits. Oral hearings are generally scheduled within a year of the claim being lodged.
UPC decisions take effect in all participating states at once — for infringement as well as revocation. During the transitional period (until at least 2030) proprietors of classic European patents may opt them out of the UPC's jurisdiction or litigate before national courts.
The substantive framework is the European Patent Convention (EPC) — see that treaty in our catalogue. For the Dutch part of disputes the Rijksoctrooiwet 1995 remains relevant.