Ström & Gulliksson – Representation before the Unified Patent Court 

18 April, 2023

With the introduction of the new Unified Patent Court (UPC) there will be substantive changes to the way European patents can be litigated. 

The UPC will be a forum for hearing infringement and validity disputes relating to both unitary patents and traditional European patents, and its judgements will take effect in all participating EU member states. Even though the new court in first instance will comprise central, regional and local divisions, it will offer a cohesive system for litigation, regardless of which division hears the case. The local and regional divisions will have both national judges as well as judges from other member states, which will ensure a consistent case-law. This means that the case will be handled the same way before the regional division in Stockholm as it would be before the central division in Paris.

The UPC will also adhere to strict case management, which will lead to shorter time limits for filing any written responses, as well as an expected time of roughly 12 months from filing a complaint to an oral hearing. This fast acting court puts pressure on stakeholders to prepare their cases properly, and to act quickly once a complaint has been filed.

To be able to represent parties before the UPC, you must either be a lawyer authorised to practice before a court of a Contracting Member State, or be a European Patent Attorney having appropriate qualifications (such as a European Patent Litigation Certificate).

At Ström & Gulliksson, we have expert European Patent Attorneys in all major technical disciplines, including European Patent Litigators who will be able to represent clients at the UPC. We will be able to assemble experienced litigation teams including European Patent Litigators and attorneys at law from our sister firm Advokatbyrån Gulliksson AB.

Currently, the following attorneys at Ström & Gulliksson are authorised to represent clients before the UPC: 
Björn Andersson
Edmund Lobb
Claus Hoffmann
Rikard Roos
Sofia Willquist