Germany: An Intellectual Property: Patent Attorneys: Contentious Overview

The patent landscape in Germany – and beyond – has been significantly reshaped by the Unified Patent Court (UPC), which was launched in June 2023. In its first two years, the UPC has seen about 1,000 cases before various divisions and important decisions at both first instance and appeal. Further significant developments are expected in 2026.

Recent UPC Developments

The volume of cases as well as the need to meet the Court’s self-imposed tight deadlines have led to a number of new appointments of both legal and technical judges. In addition, in October 2025 the Court of Appeal announced the creation of a third panel. On 1 July 2024, the Milan section of the central division formally opened.

At the end of June 2025, after two years of operation, the UPC Court of First Instance had received a total of 946 cases, including 351 infringement actions, 321 counterclaims for revocation and 68 standalone revocation actions.

The first-instance cases continue to be spread across nearly all the UPC central, local and regional divisions. The Munich local division continues to be the most popular, with 27.6% of cases, followed by the Düsseldorf local division (16.5%), the Paris central division (13.4%) and the Mannheim local division (10.1%).

It is notable that the majority of proceedings (55%) are now in English, with 39% in German. This marks a shift since the beginning of the UPC, when German was the most popular language. We expect this trend to continue as English becomes the main language at the UPC.

The UPC continues to be a popular mechanism for both enforcing and challenging patents among a diverse range of industry sectors. According to the latest data, the most common class of the first patent in suit is class H of the International Patent Classification (IPC), which relates to electricity, followed by class A (human necessities). The UPC has been especially popular among companies active in the medical devices, telecoms and electronics sectors. There have also been some interesting cases in sectors such as textiles and e-cigarettes, and a few pharmaceutical cases.

One of the most important developments during 2025 was the roll-out of a new Case Management System (CMS; the digital interface between the court and the parties/representatives). The new CMS went fully live on 23rd September, following a period of testing. The old CMS, which had been criticised by parties and representatives, was shut down on 30th September. All accounts were migrated and the UPC published guidance on using the new CMS.

Looking ahead, the next big development for the UPC will be the launch of the Patent Mediation and Arbitration Centre (PMAC) in 2026. The PMAC will have two seats in Lisbon, Portugal and Ljubljana, Slovenia. In September 2024, Mr Aleš Zalar – a former judge and president of the District Court of Ljubljana and former Minister of Justice in Slovenia – was appointed as its director. An Expert Committee with 11 members has also been appointed.

In Spring 2025, drafts for the Arbitration Rules and the Mediation Rules were published for consultation, followed by the draft Rules on Expert Determination. Final versions of these documents, taking into account responses received in the consultation, are expected to be published before the end of 2025. The first application round for the list of mediators, arbitrators and experts at the PMAC closed on 10 October 2025, and another application round is expected to open in early 2026.

Impact in Germany

The UPC is proving a powerful forum that can deliver remedies covering 18 EU member states, and potentially beyond. This makes it an attractive alternative to national litigation. Given the popularity of the German divisions, we are also seeing some of the most experienced German patent judges moving to the UPC. Many significant disputes are now being filed before the UPC instead of national courts.

However, national litigation remains important, and in many cases there are parallel national and UPC proceedings, given differences in timing and jurisdictional rules between the different forums. Some companies – for example, in the pharmaceutical sector – are likely to prefer national litigation as it may impose lower risk than the UPC. Moreover, there remains uncertainty about issues such as supplementary protection certificates (SPCs) in relation to the UPC.

SEPs and FRAND

In both the UPC and national courts, issues concerning standard essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licences continue to raise important questions. Many of these concern the definition of a willing licensor/licensee and the interpretation of the Court of Justice of the European Union (CJEU) judgment in Huawei v ZTE. Some of these cases have also raised sensitive questions about jurisdiction, anti-suit injunctions (and even anti-anti-suit injunctions) as parallel proceedings seeking global remedies have been brought in different countries, notably Germany and the UK.

Many SEP cases also have an international angle, with parallel proceedings in countries such as the United States and China.

Issues related to SEPs and FRAND are very significant for the telecoms industry, and are becoming more important for other emerging or evolving industries where technical standards are relevant – potentially including artificial intelligence, robotics, automotive, fintech, renewable energy and the internet of things. We are likely to see many companies in these sectors building and then enforcing patent portfolios to enhance their competitive position as the industries develop. This will inevitably raise new issues before the national courts and UPC.

A European Commission proposal for an SEP Regulation, which suggested various mechanisms designed to resolve SEP disputes, was formally withdrawn in 2025 following criticism from a number of parties. However, given the challenges around SEP disputes, there is likely to be continued debate on this topic. The UPC PMAC may also have a role to play in helping parties to resolve these disputes amicably, so it will be interesting to see whether that opportunity is taken up when the PMAC opens in 2026.

What Is Next for Patents in Europe

The launch of the UPC and the unitary patent are an important step forwards in promoting innovation in Europe, and the development of the system should lead to further progress. Businesses now have additional options when it comes to patent enforcement and defence, and need to consider the UPC as well as national courts in their IP strategies, bearing in mind the advantages and disadvantages of each system. Obtaining the advice of a skilled and experienced IP litigator is therefore more important than ever.

The next year should see further important developments. These include the launch of the PMAC, more detailed guidance from the courts on resolving SEP disputes and potentially further countries joining the UPC. As the Draghi report stated, innovation is critical to the success of the European economy and robust patent rights have a key role to play in delivering that innovation.