The competences of the European Patent Office remain unchanged. A so-called opposition procedure, concerning the validity of the patent and not a violation, can also be filed with the European Patent Office for a period of nine months after the patent is issued. The decisions of the European Patent Office are valid in the territory where the European patent is valid, allowing it to cover 38 countries. In addition, regardless of the European Patent Office, countries can continue to issue their own national patents. Such patents are not tried before the Unified Patent Court. 1. At the request of the applicant, who has provided sufficient evidence to support the claim that the patent has been infringed or is about to be infringed, the Court may, prior to the initiation of proceedings on the merits, order immediate and effective interim measures to retain the relevant evidence of the alleged violation, subject to the protection of confidential information. (3) Without prejudice to Article 138, paragraph 3 CBE, if the grounds for revocation relate only partially to the patent, the patent is limited and partially revoked by a corresponding amendment to the claims. 4 Parties who have the opportunity to comment on this matter are made available to the Court for expert advice by forensic experts. Germany and the other UPCA member countries still face some challenges before the introduction of the European Unitary Effect Patent, the UPC and the resolution of related conflicts. However, in the past, legal and political difficulties have been overcome on the way to the creation of a single European patent system, which means that these current difficulties can also be overcome. UpCA is only part of the unitary patent package.
The operation of the UPC relies in large part on the adoption of the unitary patent. During the transition period under Section 83 of the UPCA, the UPC has exclusive jurisdiction over unitary patents; national courts retain the concomitant jurisdiction for grouped European patents.