The UPC Is Redefining Standard Essential Patent Disputes in Europe

Europe’s approach to Standard Essential Patent (SEP) enforcement has entered a new phase with the rise of the Unitary Patent Court (UPC). Since becoming operational in June 2023, the court has rapidly moved from an experimental framework to a high-volume litigation venue, handling hundreds of cases across participating EU states. 

For SEP holders, the change is profound. Historically, enforcing SEPs in Europe required parallel litigation in multiple national courts—an expensive, time-consuming process often producing inconsistent outcomes. The UPC replaces this fragmentation with a single forum capable of issuing decisions and injunctions that apply across up to 18 EU member states. 

This structural shift coincides with strong growth in Unitary Patents. Grants surged in 2024 following widespread conversion of existing European patents, creating large portfolios that are instantly enforceable on a pan-European basis. For SEP owners, this translates into significantly increased enforcement leverage and faster paths to resolution. 

Although telecommunications standards such as 5G and LTE still dominate SEP declarations, the landscape is expanding. SEPs are increasingly tied to automotive systems, industrial IoT, security, and computing technologies—bringing new industries into the scope of UPC litigation and licensing negotiations. 

The court’s growing influence was clearly demonstrated in its first major SEP decision, Panasonic v. Oppo, where it confirmed its authority to hear FRAND-related arguments, upheld patent validity, and granted a Europe-wide injunction. The ruling signaled that the UPC will play a central role in shaping SEP jurisprudence going forward. 

As SEP disputes become more centralized and higher-stakes, companies can no longer rely on reactive litigation strategies. Accurate visibility into SEP ownership, essentiality, and Unitary Patent status is now critical for effective licensing and risk management. 

Want the full analysis on UPC trends, SEP ownership data, and the strategic implications of landmark rulings? Read the complete blog to explore how Europe’s new patent reality is reshaping SEP enforcement—and how you can stay ahead. The Unitary Patent Court Is Changing SEP Battles Forever: Here’s What You Need to Know - PatSeer