Editing Unitary patent (section)

===Agreement on a Unified Patent Court===
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The Agreement on a Unified Patent Court provides the legal basis for the Unified Patent Court (UPC): a patent court for European patents (with and without unitary effect), with jurisdiction in those countries where the Agreement is in effect. In addition to regulations regarding the court structure, it also contains substantive provisions relating to the right to prevent use of an invention and allowed use by non-patent proprietors (e.g. for private non-commercial use), preliminary and permanent injunctions. Entry into force for the UPC took place after Germany deposited its instrument of ratification of the UPC Agreement, which triggered the countdown until the Agreement's entry into force on June 1, 2023.<ref name=":1">{{Cite web |title=Austria closes the loop – the Protocol on Provisional Application of the UPC Agreement has entered into force {{!}} Unified Patent Court |url=https://www.unified-patent-court.org/news/austria-closes-loop-protocol-provisional-application-upc-agreement-has-entered-force |access-date=2022-02-21 |website=www.unified-patent-court.org}}</ref>

====Parties====
The UPC Agreement was signed on 19 February 2013 by 24 EU member states, including all states then participating in the enhanced co-operation measures except [[Bulgaria]] and [[Poland]].<ref name="SIGN">{{cite web|url=http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/intm/135593.pdf |archive-url=https://web.archive.org/web/20130324021019/http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/intm/135593.pdf |archive-date=2013-03-24 |url-status=live|title=Signing of the Unified Patent Court agreement|date=19 February 2013|access-date=19 February 2013|publisher=[[Council of the European Union]]}}</ref> Bulgaria signed the agreement on 5 March 2013 following internal administrative procedures. Italy, which did not originally join the enhanced co-operation measures but subsequently signed up, did sign the UPC agreement.<ref>{{cite web|url=http://ec.europa.eu/internal_market/indprop/patent/ratification/index_en.htm|title=Unitary patent – ratification progress|access-date=19 February 2013|publisher=[[European Commission]]|archive-url=https://web.archive.org/web/20130227081005/http://ec.europa.eu/internal_market/indprop/patent/ratification/index_en.htm|archive-date=27 February 2013|url-status=dead}}</ref> The agreement remains open to accession for all remaining EU member states,<ref>{{cite press release|title=Single European Patent: a major achievement but still some way to go|url=http://europa.eu/rapid/press-release_SPEECH-13-132_en.htm?locale=en|work=European Commission|date=18 February 2013|access-date=18 February 2013}}</ref> with all European Union Member States except Spain and Poland having signed the Agreement.<ref>{{cite web|url=http://www.worldipreview.com/news/will-poland-join-the-unitary-patent-system|title=Will Poland join the Unitary Patent system?|date=5 February 2013|access-date=9 February 2013|publisher=[[World Intellectual Property Review]]}}</ref> States which do not participate in the unitary patent regulations can still become parties to the UPC agreement, which would allow the new court to handle European patents validated in the country.<ref>{{cite web|url=http://www.europeanvoice.com/article/imported/countries-to-sign-up-to-unitary-patent-system-/76422.aspx|title=Countries to sign up to unitary patent system|last=Wishart|first=Ian|date=14 February 2013|access-date=19 February 2013}}</ref>

On 18 January 2019, Kluwer Patent Blog wrote, "a recurring theme for some years has been that 'the UPC will start next year'". Then, Brexit and German constitutional court complaint were considered as the main obstacles. The German constitutional court first decided in a decision of 13 February 2020 against the German ratification of the Agreement on the ground that the German Parliament did not vote with the required majority (2/3 according to the judgement). After a second vote and further, this time unsuccessful, constitutional complaints, Germany formally ratified the UPC Agreement on 7 August 2021. While the UK ratified the agreement in April 2018, the UK later withdrew from the Agreement following Brexit.<ref name=":0">{{Cite web |title=UK Withdrawal from the UPCA {{!}} Unified Patent Court |url=https://www.unified-patent-court.org/news/uk-withdrawal-upca |access-date=2022-02-21 |website=www.unified-patent-court.org |archive-date=21 February 2022 |archive-url=https://web.archive.org/web/20220221182056/https://www.unified-patent-court.org/news/uk-withdrawal-upca |url-status=dead }}</ref>

As of the entry into force of the UPC on 1 June 2023, 17 countries had ratified the Agreement.<ref>{{Cite web|title=Agreement|url=https://www.consilium.europa.eu/en/documents-publications/treaties-agreements/agreement/|access-date=2022-02-21|website=www.consilium.europa.eu|language=en|archive-date=11 November 2020|archive-url=https://web.archive.org/web/20201111200001/https://www.consilium.europa.eu/en/documents-publications/treaties-agreements/agreement/|url-status=dead}}</ref>  Romania ratified the agreement in May 2024, and will join as the 18th participating member on 1 September 2024.

====Jurisdiction====
The Unified Patent Court has exclusive jurisdiction in [[patent infringement|infringement]] and revocation proceedings involving European patents with unitary effect, and during a transition period non-exclusive jurisdiction regarding European patents without unitary effect in the states where the Agreement applies, unless the patent proprietor decides to opt out.<ref>{{cite web |url=http://documents.epo.org/projects/babylon/eponet.nsf/0/889924E4E28C5D0CC12578D3003F5046/$File/st11533_en.pdf |date=14 June 2011 |work=Council of the European Union |access-date=30 June 2012 |title=Draft agreement on a Unified Patent Court and draft Statute – Presidency text |quote=(...) the Unified Patent Court will be a court common to the Contracting Member States, thus situated within the judicial system of the European Union, with exclusive competence on their territories for European patents with unitary effect and European patents designating one or more Member States party to this Agreement |archive-url=https://web.archive.org/web/20140705215439/http://documents.epo.org/projects/babylon/eponet.nsf/0/889924E4E28C5D0CC12578D3003F5046/$File/st11533_en.pdf |archive-date=5 July 2014 |url-status=dead}}</ref> It furthermore has jurisdiction to hear cases against decisions of the European Patent Office regarding unitary patents. As a court of several member states of the European Union it may (Court of First Instance) or must (Court of Appeal) ask prejudicial questions to the [[European Court of Justice]] when the interpretation of EU law (including the two unitary patent regulations, but excluding the UPC Agreement) is not obvious.

====Organization====
The court has two instances: a court of first instance and a court of appeal. The court of appeal and the registry have their seats in Luxembourg, while the central division of the court of first instance would have its seat in [[Paris]]. The central division has a thematic branch in [[Munich]] (the London location has yet to be replaced by a new location within the EU).<ref name="sciencebusiness27-06-12">{{cite news |url=http://bulletin.sciencebusiness.net/news/75784/Deal-reached-Unitary-patent-court-to-have-three-homes |title=Deal reached: Unitary patent court to have three homes |access-date=29 June 2012 |date=27 June 2012 |work=Science |url-status=dead |archive-url=https://web.archive.org/web/20131029210500/http://bulletin.sciencebusiness.net/news/75784/Deal-reached-Unitary-patent-court-to-have-three-homes |archive-date=29 October 2013}}</ref><ref>{{cite web |url=http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/131388.pdf |archive-url=https://web.archive.org/web/20120630065335/http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/ec/131388.pdf |archive-date=2012-06-30 |url-status=live |title=European Council, 28/29 June 2012, Conclusions (EUCO 76/12, CO EUR 4, CONCL 2)|date=29 June 2012 |publisher=European Council (General Secretariat of the Council) |location=Brussels |access-date=30 June 2012 |quote=Given the highly specialised nature of patent litigation and the need to maintain high quality standards, thematic clusters will be created in two sections of the Central Division, one in London (chemistry, including pharmaceuticals, classification C, human necessities, classification A), the other in Munich (mechanical engineering, classification F). }}</ref> The court of first instance may further have local and regional divisions in all member states that wish to set up such divisions.