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Urgency in provisional measures in UPC case law

How the UPC's first-instance divisions and the Court of Appeal assess urgency in applications for provisional measures (R. 206 et seq. RoP, in particular R. 209.2(b) and R. 211.4 RoP): when time starts to run, acceptable periods, conduct during the proceedings and the weighing of interests.

decisions in the dossier
70
of them Court of Appeal
16
steps of the test
8
As of
6 Oct 2026

The steps of the test

The dossier orders the decisions by the steps of the legal test. For each step: the question it is about and the number of decisions addressing it.

  1. 1. Standard and framework

    What does urgency require, where does it come from, and who must show it?

    52 decisions

  2. 2. Knowledge as the starting point

    When does time start to run: knowledge of what (infringing product, infringer, patent) and whose knowledge?

    52 decisions

  3. 3. Acceptable periods and preparation

    Which periods are still acceptable, and which preparation (test purchases, expert reports, translations) justifies time?

    50 decisions

  4. 4. Conduct during proceedings and delays

    Is urgency lost if the applicant uses full time limits, asks for extensions or changes its application during the proceedings?

    9 decisions

  5. 5. Parallel proceedings and warning letters

    How do warning letters, negotiations, national proceedings or main proceedings affect urgency?

    17 decisions

  6. 6. Weighing of interests

    How do elapsed time and urgency feed into the weighing of interests (R. 211.3 RoP) and irreparable harm?

    49 decisions

  7. 7. Without hearing the defendant (ex parte)

    Which particular urgency does a provisional measure without hearing the defendant require?

    12 decisions

  8. 8. Line of the Court of Appeal

    Which general principles on urgency has the Court of Appeal laid down?

    15 decisions

Selected passages

One decision per step – Court of Appeal first, then the most cited, then the newest – with a verbatim quote from the decision. The selection is not a legal assessment.

Step: Standard and framework

“Bei der Interessenabwägung berücksichtigt das Gericht gemäß R.211.4 VerfO ein unangemessenes Zuwarten der Beantragung einstweiliger Maßnahmen. Dem liegt zugrunde, dass der Patentinhaber mit einem solchen Verhalten zeigt, dass die Durchsetzung seiner Rechte für ihn nicht dringlich ist.“
Court of Appeal, 25 Sept 2024, UPC_CoA_182/2024, para. 108 · Decision on the UPC website

Step: Knowledge as the starting point

“It goes without saying that it cannot be expected that Abbott had done so, since the purpose of obtaining the product was to prepare and possibly start legal proceedings, which the NDA would possibly have made it impossible to do.“
Court of Appeal, 14 Feb 2025, UPC_CoA_382/2024, para. 145 · Decision on the UPC website

Step: Acceptable periods and preparation

“The one month time period for finding the product, commercialised in the CMSs, and purchase it, must be considered plausible. The Court of Appeal accepts Syngenta’s explanation that a herbicidal composition is a toxic regulated substance which requires customs clearance, so that the sample arrived in the US in late …“
Court of Appeal, 3 Mar 2025, UPC_CoA_523/2024, para. 101 · Decision on the UPC website

Step: Conduct during proceedings and delays

“Conversely, this means that in cases where proceedings for interim measures take a relatively long time, the applicant may have grounds for initiating main proceedings. If he fails to do so, this must be taken into account to his disadvantage when weighing up the interests involved.“
Court of Appeal, 30 Apr 2025, UPC_CoA_768/2024, para. 70 · Decision on the UPC website

Step: Parallel proceedings and warning letters

“It was not unreasonable for the patentee to wait with legal action until after the OD had rendered its decision and upheld the patent in amended form.“
Court of Appeal, 17 Apr 2026, UPC_CoA_901/2025, para. 172 · Decision on the UPC website

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Quotes are verbatim from the decisions; the version published by the court is authoritative. Not legal advice. Coverage and numbers