The UPC patent mediation and arbitration centre opens: what SMEs gain

The UPC Patent Mediation and Arbitration Centre (PMAC) was inaugurated in Ljubljana on 2 June 2026, with seats in Ljubljana and Lisbon. It gives parties to European patent disputes a confidential alternative to litigation before the Unified Patent Court (UPC): mediation, arbitration, a combined procedure and expert determination, with specific rules for standard essential patent (SEP) and FRAND licensing disputes. It is most relevant to SMEs, licensees and licensors with patents in several UPC countries.

Key takeaways

  • The PMAC was inaugurated on 2 June 2026 and has two seats, Ljubljana and Lisbon.
  • It offers mediation, arbitration, a hybrid med-arb procedure, expert determination and rules specific to FRAND and SEP disputes.
  • It covers disputes over patents within UPC jurisdiction and related disputes; a purely Spanish or Latin American patent does not fit that core.
  • UPC judges may guide litigants towards the Centre, and settlements reached there can be submitted to the UPC for confirmation.
  • The PMAC offers free information sessions to help parties choose the right method.

What is the PMAC and when did it open?

The UPC Agreement, which binds 18 EU Member States, provides for a mediation and arbitration centre alongside the court (Article 35). The UPC itself opened in June 2023; the Centre arrives three years later, as the European Patent Office (EPO) explains.

The timeline, as reported by practitioners before the opening:

  • 24 April 2026: the UPC Administrative Committee adopted the procedural rules, and on 12 May 2026 the Centre’s electronic case management system went live (Hoffmann Eitle, 13 May 2026). The same note said mediation would come first, with arbitration and expert determination following later in 2026.
  • 2 June 2026: inauguration in Ljubljana. According to CIPA (10 June 2026), the Centre has more than 200 appointed neutrals (arbitrators, mediators and technical experts), 16 of them from the UK.

What can the UPC patent mediation and arbitration centre handle?

Method How it works When it fits
Mediation A mediator helps the parties reach their own agreement; nothing is imposed Licence renegotiations, co-ownership disputes, early-stage infringement claims
Arbitration Arbitrators chosen through the Centre issue a binding award Contract disputes where both sides want a final decision in private
Med-arb Mediation first; if it fails, arbitration on what remains Disputes where a deadline for a decision keeps both sides engaged
Expert determination A neutral expert gives a technical opinion Narrow technical questions, such as whether a product falls within a claim
FRAND and SEP rules Specific rules for licences of standard essential patents Royalty disputes over standards such as 4G, 5G or Wi-Fi

The Centre handles disputes over patents that fall within the jurisdiction of the UPC and related disputes. Requests are filed electronically and routed to suitable experts (EPO).

How does the PMAC fit with UPC litigation?

The two are designed to work together. Parties litigating at the UPC may be guided by the judges to try to resolve all or part of their dispute at the Centre (EPO). Lewis Silkin (25 March 2026) notes that the judge-rapporteur can raise settlement at any stage under Rule 11 of the Rules of Procedure, that settlements and awards can be submitted to the UPC for confirmation, which makes them enforceable across UPC states, and that proceedings can run in English, French or German. Parties can also go to the Centre directly, without any court case.

What SMEs and licensees gain

  • Confidentiality. Licence terms, royalty data and technical information stay out of a public judgment.
  • Specialist neutrals. The parties can look for a mediator or arbitrator with the right technical and legal profile.
  • One forum for several countries. A licence covering Germany, France, Italy and Portugal can be dealt with in one procedure rather than country by country.
  • A FRAND framework. Implementers negotiating SEP licences gain a forum with rules built for that type of dispute.
  • An Iberian seat. Lisbon brings the Centre closer to Spanish, Portuguese and Latin American companies doing business in Europe.

What this means for your business

  1. Review the dispute resolution clauses in your licence, R&D and supply agreements, and decide whether a PMAC clause fits, with seat, language and rules spelt out.
  2. Check which of your patents fall within UPC jurisdiction: European patents opted out of the UPC, and Spanish national patents, sit outside the Centre’s core scope.
  3. If you are already in UPC proceedings, assess early whether mediation on part of the dispute, such as the royalty, could shorten the case.
  4. For SEP negotiations, keep a clear record of offers and counter-offers; it matters in any forum.

If you license or enforce patents across several European countries, our European patent and licensing team can assess whether the PMAC suits your dispute.

When to bring in an adviser

  • A badly drafted ADR clause (no seat, no language, no rules) invites a preliminary fight about the procedure itself.
  • Assuming the Centre covers everything: a dispute over Spanish, Mexican or Brazilian patents may need a different forum.
  • Disclosing too much, too early. Confidentiality protects the process, but strategy on what to share still matters.
  • Losing track of the litigation. Unless the UPC proceedings are stayed, their time limits keep running while you mediate.

Where a mediation sits alongside UPC litigation or national actions, our IP disputes and licensing team keeps both tracks aligned.

Frequently asked questions

Where is the UPC Patent Mediation and Arbitration Centre?

The PMAC has two seats, in Ljubljana (Slovenia) and Lisbon (Portugal), and was inaugurated in Ljubljana on 2 June 2026. Requests are filed electronically through the Centre’s case management system, so parties do not need to travel to either city to start a procedure, and meetings can be arranged as the case requires.

Can a Spanish company use the PMAC?

Yes, if the dispute concerns patents within UPC jurisdiction or a related dispute. Spain is not a UPC state, but a Spanish company holding European patents with effect in Germany, France, Italy or Portugal can use the Centre for disputes over those patents. Disputes limited to Spanish national patents fall outside its core scope.

Is a settlement reached at the PMAC enforceable?

A mediated settlement is a contract between the parties. According to practitioners’ summaries of the framework, settlements and arbitral awards reached at the Centre can be submitted to the UPC for confirmation, which makes them enforceable across UPC states. Whether to seek confirmation should be decided when the settlement is drafted.

Can IP Global Guard handle a PMAC procedure for my company?

Yes. We assess whether the Centre suits the dispute, prepare the request and the strategy, and coordinate the procedure and any parallel UPC case with European patent attorneys and UPC representatives. For related rights in Latin America or Africa, we coordinate qualified local counsel, with one point of contact.

How IP Global Guard can help you resolve patent disputes

The PMAC adds a confidential, specialist route for patent and licensing disputes in Europe, but choosing it, and drafting for it, requires a view of the whole portfolio. IP Global Guard, the IP services line of META Channel Corporation Limited, manages patents and licences across more than 25 jurisdictions in Europe, Latin America and Africa, with one strategy and one billing relationship.

Share the licence or the dispute with us, the patents involved and the countries where they apply. We will tell you whether the PMAC, the UPC or another route fits best. Contact our patent disputes team.

This article is general information, not legal advice, and reflects the position on the date of publication.

Sources