Agreement on a Unified Patent Court
Read the UPCA with article-by-article analysis and links to relevant decisions.
All provisions (91)
- Preamble – Preamble to the Agreement on a Unified Patent Court
- Art. 1 – Unified Patent Court
- Art. 2 – Definitions
- Art. 3 – Scope of application
- Art. 4 – Legal status
- Art. 5 – Liability
- Art. 6 – The Court
- Art. 7 – The Court of First Instance
- Article 7 – Organizational structure of the Court
- Art. 8 – Composition of the panels of the Court of First Instance
- Art. 9 – The Court of Appeal
- Art. 10 – The Registry
- Art. 11 – Committees
- Art. 12 – The Administrative Committee
- Art. 13 – The Budget Committee
- Art. 14 – The Advisory Committee
- Art. 15 – Eligibility criteria for the appointment of judges
- Art. 16 – Appointment procedure
- Art. 17 – Judicial independence and impartiality
- Art. 18 – Pool of Judges
- Art. 19 – Training framework
- Art. 20 – Primacy of and respect for Union law
- Art. 21 – Requests for preliminary rulings
- Art. 22 – Liability for damage caused by infringements of Union law
- Art. 23 – Responsibility of the Contracting Member States
- Art. 24 – Sources of law
- Art. 25 – Right to prevent the direct use of the invention
- Art. 26 – Right to prevent the indirect use of the invention
- Art. 27 – Limitations of the effects of a patent
- Art. 28 – Right based on prior use of the invention
- Art. 29 – Exhaustion of the rights conferred by a European patent
- Art. 30 – Effects of supplementary protection certificates
- Art. 31 – International jurisdiction
- Art. 32 – Competence of the Court
- Art. 33 – Competence of the divisions of the Court of First Instance
- Art. 34 – Territorial scope of decisions
- Art. 35 – Patent mediation and arbitration centre
- Art. 36 – Budget of the Court
- Art. 37 – Financing of the Court
- Art. 38 – Financing of the training framework for judges
- Art. 39 – Financing of the Centre
- Art. 40 – Statute
- Art. 41 – Rules of Procedure
- Art. 42 – Proportionality and fairness
- Art. 43 – Case management
- Art. 44 – Electronic procedures
- Art. 45 – Public proceedings
- Art. 46 – Legal capacity
- Art. 47 – Parties
- Art. 48 – Representation
- Art. 49 – Language of proceedings at the Court of First Instance
- Art. 50 – Language of proceedings at the Court of Appeal
- Art. 51 – Other language arrangements
- Art. 52 – Written, interim and oral procedures
- Art. 53 – Means of evidence
- Art. 54 – Burden of proof
- Art. 55 – Reversal of burden of proof
- Art. 56 – The general powers of the Court
- Art. 57 – Court experts
- Art. 58 – Protection of confidential information
- Art. 59 – Order to produce evidence
- Art. 60 – Order to preserve evidence and to inspect premises
- Art. 61 – Freezing orders
- Art. 62 – Provisional and protective measures
- Art. 63 – Permanent injunctions
- Art. 64 – Corrective measures in infringement proceedings
- Art. 65 – Decision on the validity of a patent
- Art. 66 – Powers of the Court concerning decisions of the European Patent Office
- Art. 67 – Power to order the communication of information
- Art. 68 – Award of damages
- Art. 69 – Legal costs
- Art. 70 – Court fees
- Art. 71 – Legal aid
- Art. 72 – Period of limitation
- Art. 73 – Appeal
- Art. 74 – Effects of an appeal
- Art. 75 – Decision on appeal and referral back
- Art. 76 – Basis for decisions and right to be heard
- Art. 77 – Formal requirements
- Art. 78 – Decisions of the Court and dissenting opinions
- Art. 79 – Settlement
- Art. 80 – Publication of decisions
- Art. 81 – Rehearing
- Art. 82 – Enforcement of decisions and orders
- Art. 83 – Transitional regime
- Art. 84 – Signature, ratification and accession
- Art. 85 – Functions of the depositary
- Art. 86 – Duration of the Agreement
- Art. 87 – Revision
- Art. 88 – Languages of the Agreement
- Art. 89 – Entry into force