Two years of the Unified Patent Court – Key insights from Hogan Lovells’ analysis of revocation trends

As the UPC begins to build its track record, we’ve taken the opportunity to analyse the court’s approach to invalidity, over the last two years. Our team closely examined all revocation decisions rendered by the UPC so far, with a particular focus on:

1. Success rates of central revocation actions
2. How central revocation actions and counterclaims for revocation compare in success rate
3. The specific grounds on which patents were actually invalidated.

The data tells a compelling story:

• Low revocation rates: Compared to both the German Federal Patent Court and the opposition divisions at the EPO, the UPC has shown a noticeably lower tendency to revoke patents.
• Even lower success for counterclaims: When it comes to counterclaims for revocation (typically brought in the context of infringement proceedings), the success rate drops even further. This is a critical trend for both patentees and defendants to watch.
• Grounds for revocation: Some interesting patterns are emerging — while lack of novelty and inventive step remain key, we’re also seeing notable learnings around how the UPC is handling formal objections.

This is just the beginning. As the UPC continues to develop its jurisprudence, staying ahead of these trends is essential for anyone involved in European patent litigation.

Join our Webinar on Wednesday 10 September, where we will provide a deep dive into our research on revocation decisions and what this means for our clients.

Authored by Andreas Schmid.