Robust evidence in favour of innovators at UPC
- 3 days ago
- 1 min read
In collecting and processing evidence, the UPC is making robust progress on its promise for streamlined procedures, technical expertise and strict deadlines, reports Samuel Deschamps
In the early stages of a case, rather than reinventing the wheel, Europe's Unified Patent Court is adopting a form of the French saisie-contrefaçon which allows for the surprise seizure of suspected copies and documents on site. Such evidence might otherwise prove difficult, if not impossible, to find through standard discovery.
Robust procedure
To speed up decisions, the UPC expects arguments to be presented in a way which is concise and which focuses on the main issues. Judges actively manage cases as part of an attempt to avoid unnecessary delays and tangential discussions.
It’s in contrast to the broad scope of the US discovery system which often involves massive documentation, numerous depositions and expert witnesses, leading to disproportionately high expenses.
Robust science
In line with German practice, technically qualified judges sit on UPC panels. Decisions are designed not only to be legally sound, but scientifically robust, leading to outcomes that genuinely reflect the underlying realities and complexities of an invention.
So far, says Deschamps, the UPC is proving its worth to deep tech ventures by actively seeking to deliver on its promise for a more unified, accessible and effective litigation system for patents.
• The full article by Samuel Deschamps at Santarelli, ‘The UPC's Growing Influence on European Innovation’, appears in Managing Intellectual Property Today, 2026/27 edition. See here for details or at novaropublishing.com/ip.
