UPC cold joints and SPC

The Unified Patent Court (UPC) will have jurisdiction over SPCs linked to European patents, potentially streamlining enforcement and affecting future Unitary SPCs.

UPC Jurisdiction over SPCs

The UPC has exclusive jurisdiction over classical European patents, European patents with unitary effect (Unitary Patents), and SPCs issued for products covered by such patents. This means that once the UPC is operational, it can handle infringement and validity actions for SPCs, provided the underlying patent falls within its jurisdiction. National courts remain competent only for matters outside the UPC's exclusive scope, and during the transitional period of seven years, actions concerning classical European patents may still be brought before national courts or authorities, with a possible extension of another seven years (Article 83(1) UPCA) .

Impact on SPC Practice

The introduction of the UPC and Unitary Patents (UPs) will change how SPCs are enforced and challenged. Currently, SPCs must be applied for on a country-by-country basis, which is costly and administratively burdensome. The UPC could provide a centralized forum for disputes, potentially reducing fragmentation and legal uncertainty. However, the unitary effect of a Unitary Patent does not automatically extend to SPCs, meaning that a Unitary SPC (uSPC) may be introduced in the future, but its expiry and enforcement rules are still under discussion .

Strategic Considerations

Patent holders should consider the following in light of UPC and SPC developments:

• Opting out: During the transitional period, it may be possible to opt out classical European patents from UPC jurisdiction, but this requires careful planning if SPCs are involved .
• Enforcement strategy: The UPC allows for centralized litigation across participating EU states, which could reduce costs and streamline enforcement compared to multiple national proceedings .
• Future Unitary SPCs: The European Commission is exploring the introduction of a Unitary SPC, which would mirror the Unitary Patent system, but details on implementation and expiry synchronization remain uncertain .

Cold Joints in SPC Context

In patent law, the term “cold joints” is sometimes used metaphorically to describe gaps or discontinuities in protection, such as when a Unitary Patent expires but SPC protection is not yet harmonized across jurisdictions. This highlights the need for careful planning to ensure continuous protection for life science products, especially when transitioning from national SPCs to potential Unitary SPCs .

Conclusion

The UPC represents a major shift in European patent enforcement, including for SPCs. While it centralizes litigation and may reduce administrative burdens, SPC applications remain national for now, and the concept of a Unitary SPC is still evolving. Patent holders should monitor developments closely, consider transitional opt-outs, and plan enforcement strategies to maintain robust protection across Europe .