Coexistence of UPC and German Patent Courts: Strategic Insights for Tech Exporters
Approximately 67% of all UPC infringement cases were filed in Germany between June 2023 and June 2026. Taken together, the German case numbers for the UPC and the German national courts highlight the importance of the German jurisdiction.Many plaintiffs pursue infringement action
WISECODE Take
Many business owners mistakenly believe that the launch of the Unified Patent Court (UPC) on June 1, 2023, marginalized national courts. In fact, reports from September 17, 2026, show that approximately 67% of UPC infringement cases between June 2023 and June 2026 were filed in Germany, proving Germany's ongoing pivotal role in patent litigation. While this has no impact on companies not exporting to Europe, tech exporters face risks similar to the Netgear v. Huawei dispute, where a single lawsuit could block the entire European market. First, review whether to opt out existing European patents from the UPC to prevent a single revocation action. Second, prioritize German patent searches and FTO analysis for European R&D projects rather than blindly filing for unitary patents.
Original sources
Compiled automatically by WISECODE IP Radar. Summaries are short source excerpts; commentary is AI-generated. See the source links for full text.
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