Unified Patent Court (UPC): What Strategy Should You Adopt in the Event of Patent Litigation in Europe?

Before anything else, it is essential to clearly identify the true technical contribution of your invention. This means pinpointing what sets it apart from existing solutions, by analysing prior art and highlighting the problem it solves. It is both an analytical and strategic exercise, often enriched through close dialogue with the inventor.

We also examine the potential applications of the invention in other sectors or contexts of use. This forward-looking approach helps anticipate possible adaptations and lays the foundation for a broader, more effective scope of protection.

They define the scope of protection and, consequently, what may—or may not—be challenged in the event of infringement. Drafting a claim is, in essence, setting the boundaries of the right to exclude.

In most cases, the first claim outlines the invention in its broadest form, while the subsequent claims specify variants, configurations, or embodiments. We work closely with the inventor to ensure that the essential features are properly covered, leaving no exploitable gaps.

Drawings are often a valuable tool for making an invention clearer.
They are not always mandatory, but we strongly recommend including them whenever the invention involves spatial features, procedural steps, or complex assemblies. Drawings also make it easier to engage with patent examiners during prosecution.

It must be precise enough for a skilled person in the field to reproduce the invention without undue effort. This requires rigorous language, free of ambiguity, and a coherent structure.

We make sure this section is carefully organized: starting with the context (technical field, prior art), then presenting the invention, its variants, and its advantages. Cross-references to the drawings are systematically included, and technical terms are defined where necessary.

Once the first draft of the application is prepared, it is reviewed together with the inventor.
This stage is crucial: it ensures that the terminology is accurate, additional variants can be incorporated, and all key features are properly covered.

We encourage a thorough review at this point, since the strength of the patent also depends on anticipating possible workarounds, contentious interpretations, and future developments.