This is a summary of developments in and around the Unified Patent Court (UPC) in the calendar week of April 27, 2026.
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11. Around the court
11.1 UPC publishes annual report; infringement action take the longest on average
The UPC reported in its 2025 annual report that infringement actions take an average of 398 days from filing to decision, making them the longest-running case type before the court. The report highlights a sharp rise in activity, with significantly more cases filed and pending compared to 2024, including over 60 disputes involving standard-SEPs. While revocation actions and counterclaims are resolved slightly faster, the data shows the UPC’s ability to deliver decisions within roughly a year despite a growing and increasingly complex docket.
The report also reflects broader trends shaping the court’s development. Germany-based local divisoins continue to dominate filings, raising ongoing concerns about uneven docket distribution across divisions, even as overall usage of the UPC increases. English remains the primary language of proceedings, though the court has shown flexibility in accommodating other languages and selectively granting requests to switch languages.
11.2 UPC pitches PMAC as litigation companion, not alternative, at LESI
At the Licensing Executives Society International (LESI) meeting in Dublin, speakers highlighted the growing role of the UPC and its Patent Mediation and Arbitration Centre (PMAC) as a complementary dispute-resolution forum. Windt Le Grand Leeuwenburgh Advocaten’s Wouter Pors noted (link to ip fray’s LinkedIn post) that both judges and parties at the UPC are expected to actively consider ADR, with PMAC offering discounted access for SMEs, enforceable outcomes within UPC territory, and a June launch. A key differentiator is its “shadow” model, allowing mediation or arbitration to run in parallel with UPC litigation positioned as a potential unique selling point of the court.
Separately, Cravath, Swaine & Moore’s David Kappos (former Director of the United States Patent and Trademark Office) said (link to ip fray’s LinkedIn post) U.S. lawyers are increasingly recommending the UPC as a first forum for patent litigation, citing speed, reliability, and cost efficiency. Complementing this, Bardehle Pagenberg’s Prof. Tilman Müller-Stoy highlighted PMAC’s feature set (link to the LinkedIn post), including a wide ADR menu, FRAND-specific procedures, transparency measures, and financial incentives such as reduced fees and online proceedings, reinforcing the UPC’s positioning as both a litigation and dispute-resolution hub.
11.3 PMAC publishes model clauses to streamline patent ADR at UPC
(link to PMAC’s model clauses)
The PMAC has published model dispute resolution clauses and submission agreements aimed at facilitating the use of ADR in patent disputes within the UPC framework. The materials allow parties to incorporate PMAC clauses into commercial contracts for future disputes or to enter standalone submission agreements for existing conflicts, streamlining access to mediation and arbitration. The initiative is designed to support disputes involving European patents, unitary patents, and supplementary protection certificates (SPC), as well as related matters falling within the UPC’s jurisdiction.