The Unified Patent Court – Uniform, Predictable, Consistent Rules for Claim Interpretation and Determining Infringement of Unitary Patents?

Since its launch in June 2023, the Unified Patent Court (UPC) has provided valuable insights into how a new centralised EU court for enforcing European patents with unitary effect interprets key provisions of patent law governing patent infringement. This article examines the UPC’s efforts to harmonise the rules governing the scope of patents in infringement cases, including the application of the doctrine of equivalents and its limitations. Specifically, it seeks to answer the question of whether the UPC’s jurisdiction offers greater legal certainty regarding European patent infringements and patent validity. It also explores whether the UPC successfully develops and applies uniform rules, despite decisions being issued by local divisions. Furthermore, this article considers the practical consequences of this evolving case law for claim drafting, litigation strategies and overall legal certainty within the European patent system and the practice of the European Patent Office (EPO). In doing so, it situates the discussion on interpreting patent claims within the UPC’s broader responsibility to deliver predictable and harmonised patent protection across Europe.