Reimagining the Unified Patent Court as a Multi-Door Courthouse

Abstract The Unified Patent Court (UPC) system (including its Patent Mediation and Arbitration Centre (PMAC)) represents a significant advance in European patent dispute resolution and enforcement, promising greater efficiency and harmonization. Yet, its current design largely appears to emphasize litigation, overlooking opportunities for more flexible, tailored dispute resolution pathways. Using the Dispute System Design (DSD) analytic framework, this paper systematically assesses the UPC’s goals, stakeholders, context, processes, and accountability mechanisms, and reimagines the UPC as a multi-door courthouse – a system where parties are guided to the most appropriate dispute resolution processes, whether litigation, arbitration, mediation, early neutral evaluation, or other mechanisms. In essence, we argue for a more strategic integration of the PMAC into the UPC’s institutional design.