One of the open issues relating to the Unified Patent Court (UPC) was the question of the location of the Central Division that was originally scheduled to be located in London. The withdrawal of the United Kingdom from the European Union meant that a new location needed to be selected. Italy has offered Milan as a location and in a recent decision, the Member States of the UPC have agreed to this division.
It is foreseen that Milan will be responsible for patents classified in Section A – human necessities, including food, health and agriculture – of the International Patent Classification. Munich will be responsible for those patents in Section C – Chemistry and Metallurgy. Paris will maintain, however, responsibility for any Supplementary Protection Certificates related to patents in these categories. Until the Milan division opens (probably in 2024), the Central Division in Paris will be responsible for patents in Section A, as was announced on 8th May 2023.
Originally the Munich Division was allocated cases relating to Section F – Mechanical engineering, lighting, heating, blasting and weapons – and the Paris Division had responsibility for Sections B (performing operations, transport), D (textiles, paper), E (fixed constructions), G (physics) and H (electricity). This division of work remains unchanged.
The final division still needs to be ratified by the Administrative Council of the UPC, which is expected on 22nd June.
Our offices in Paris and Munich have already been advising clients on their patent enforcement strategies in Europe under the new UPC agreement. We are also supporting potential revocation actions as well as opposition against the grant of patents in Europe. Get in touch if you have any questions.
