Article 3

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Scope of application

This Agreement shall apply to any:

(a) European patent with unitary effect;

(b) supplementary protection certificate issued for a product protected by a patent;

(c) European patent which has not yet lapsed at the date of entry into force of this Agreement or was granted after that date, without prejudice to Article 83; and

(d) European patent application which is pending at the date of entry into force of this Agreement or which is filed after that date, without prejudice to Article 83.

 

Case law

 

Court of First Instance

 

IPPT20250402, UPC CFI, LD Mannheim, Fujifilm v Kodak - II

No jurisdiction of the UPC with regard to those national parts of UPCA member states which have already lapsed before 1 June 2023. The same applies to national parts of non-UPCA-member states. (Article 3(c) UPCA). It can be left open whether a lack of jurisdiction under Art. 3 (c) UPCA falls within the scope of R. 19 RoP. 

 

IPPT20250402, UPC CFI, LD Mannheim, Fujifilm v Kodak - I
No jurisdiction UPC over national parts of a European patent, which have already lapsed in a UPCA member stat or a non-UPCA-member state before 1 June 2023 (Article 3(c) UPCA, Article 32 UPCA). 

 

IPPT20250311, UPC CFI, LD Mannheim, Hurom v NUC - I
UPC has jurisdiction for acts committed before the UPCA’s entry into force on 1 June 2023. Applicable law. The determination of the substantive law applicable to an alleged infringement is to be strictly distinguished from the jurisdiction to hear the case. 

 

IPPT20240411, UPC CFI, LD Paris, ARM v ICPillar
UPC has jurisdiction over infringement acts that began before 1 June 2023 and continued after this date and that are not covered by the period of limitations. This applies on the basis of Articles 3(c), 32(1)(a) and 72 UPCA. 

 

IPPT20230929, UPC CFI, LD Munich, Edwards Lifesciences v Meril

In the view of the judge-rapporteur the Unified Patent Court has jurisdiction over infringement acts committed before the entry into force of the Agreement on a Unified Patent Court on 1 June 2023. This follows from article 3(c) UPCA and article 32(1)(a) UPCA and the absence of transitional provisions to the contrary.

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