Although Poland remains outside the Unified Patent Court (UPC) system, developments at the Court are becoming increasingly relevant for Polish companies operating across Europe.
The UPC began operating in June 2023, creating a centralised system for patent litigation across participating EU Member States. Today, the Unitary Patent provides uniform protection across 18 EU countries, while the UPC offers a single forum for disputes concerning Unitary Patents and, subject to transitional arrangements, conventional European patents.
Poland participates in the enhanced cooperation behind the Unitary Patent but has not ratified the UPC Agreement and therefore remains outside the system's current territorial coverage. However, this does not mean Polish businesses can ignore developments at the Court.
A growing cross-border reach
One important development concerns the jurisdiction of European courts in cross-border patent disputes.
In its February 2025 judgment in BSH Hausgeräte v Electrolux (C-339/22), the Court of Justice of the European Union (CJEU) clarified the circumstances in which a court hearing a patent infringement action can also address infringement concerning patents validated in other countries.
The judgment has contributed to a broader discussion around the UPC's so-called "long-arm jurisdiction". Subsequent UPC decisions have demonstrated that, under certain circumstances, the Court's decisions may concern infringement in countries outside the UPC system.
For Polish businesses, this is particularly significant. A company does not necessarily need to be based in a UPC participating country for the Court's evolving case law to become relevant to its European activities.
What does this mean for Polish companies?
As the UPC continues to develop its case law, Polish businesses operating internationally should consider the system as part of their broader European patent strategy.
This is relevant both for companies seeking to enforce their own patent rights and for those assessing potential infringement risks when entering or operating in European markets. Understanding where patents are protected, which courts may have jurisdiction and how UPC case law is developing can help businesses identify risks before they turn into costly disputes.
Although Poland remains outside the UPC system, the increasingly cross-border nature of European patent litigation means that developments at the Court are well worth watching.
This article was adapted from an article by Oskar Gińko, Partner, Polish and European Patent Attorney and Representative before the Unified Patent Court at AOMB Polska.