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UPC Jurisdiction Over Pre-Granted Patents
A UPC Court of Appeal ruling suggests competitors may be able to challenge patents before the Unified Patent Court even while they remain under examination at the EPO. The decision has significant implications for patent strategy and litigation timing in Europe.
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## Overview
The Unified Patent Court (UPC) Court of Appeal has ruled on its jurisdiction over pre-granted patents, in a decision that can be interpreted to mean competitors can challenge a patent before the UPC while it is still under examination at the European Patent Office (EPO) (JUVE Patent, September 25).
## Why it matters
The ruling potentially expands the window in which competitors can contest patents, affecting patent strategy for companies operating in Europe and raising the stakes for applicants navigating both EPO examination and UPC proceedings simultaneously.
## Open questions
The practical scope of this jurisdictional expansion and its effect on patent prosecution strategy will likely be clarified through subsequent UPC rulings and practitioner commentary.