Patent holders of European patents and supplementary protection certificates now have a new option for dispute resolution in patent matters: On June 2, 2026, the Patent Mediation and Arbitration Centre (PMAC), based in Ljubljana and Lisbon, formally opened. Three years after the successful launch of the Unified Patent Court (UPC), the PMAC is added to its framework. The PMAC aims to resolve patent disputes outside of court proceedings in an efficient, flexible, and confidential manner, and could become an interesting alternative to litigation, particularly in FRAND disputes.
1. Legal basis
The PMAC is integrated into the UPC’s regulatory framework as an alternative dispute resolution (ADR) body. The legal basis for the PMAC is set forth in particular in the Agreement on a Unified Patent Court (UPCA) and in the Rules of Procedure of the UPC (RoP). In addition, on April 24, 2026, the PMAC adopted two detailed sets of rules: the Arbitration Rules and the Mediation Rules.
The PMAC also publishes a list of mediators and arbitrators from which the parties may choose. Currently, suitable mediators and arbitrators are selected based on previously published selection criteria and codes of conduct.
2. Competence
The PMAC serves as the body for mediation and arbitration proceedings in patent disputes falling within the material scope of the UPCA. The PMAC’s jurisdiction thus covers (a) European patents with unitary effect, (b) supplementary protection certificates (SPCs), (c) European patents that had not yet expired as of June 1, 2023, or that were granted thereafter, and (d) European patent applications that were pending as of June 1, 2023, or that were filed thereafter.
However, the PMAC’s jurisdiction is not limited to that of the UPC (or to actions already pending). Rather, for reasons of efficiency, it also covers “Related Disputes.” This refers to intellectual property disputes or commercial disputes in which there is a factual, legal, or commercial nexus with an actual or contemplated dispute concerning a European patent, a European patent with unitary effect, or a supplementary protection certificate for which the UPC is fully or partially competent. Subject to this reservation, the PMAC may thus also deal with global patent portfolios and resolve corresponding disputes, such as those that arise in the context of standard-essential patents (SEPs).
However, the PMAC lacks the authority to revoke or limit the patents and patent applications in dispute. From an efficiency standpoint, however, there are strong arguments in favor of the view that only decisions on the validity of the patent with direct erga omnes effect are excluded from the PMAC’s jurisdiction, whilst the PMAC remains free to deal with questions of validity with inter partes effect.
