questel_logo
closeClose
  • Patent
    menu-bracket
    • Our Patent solutions
      • → menu-arrowIP Intelligence SoftwareNew
        IP Intelligence Software
        Streamline the journey from innovation to IP with our IP intelligence software, patent search, data analytics, and related services and tools.
        → Read more
        Our solutions
        Orbit Intelligence
        Powerful patent searching and analysis
        AI-Classifier
        Artificial intelligence for patent classification
        Prosecution Pack
        Grant statistics and detailed legal status analysis
        Chemistry
        Small molecules searching and analysis
        Orbit Biosequence
        DNA and amino acid searching and analysis
        Orbit Insight
        Explore new markets and opportunities
        Orbit Express
        Easy patent searching and collaboration
        Orbit Intellixir
        Analysis from any scientific sources
        Ask Sophia, your AI agentNew
        Unlock AI-powered use cases across a range of Questel software.
        SEP DatabaseNEW
        Standard Essential Patent Data & Analytics
        Latest resources
        • → Smart Patent Research for True IP Professionals
          The value of a patent search hinges on two key factors: data quality and the intelli...
        • → A Guide to Bio Sequence Patent Searching
          Bio sequence patent search is a unique type of life-science search requiring special...
        • → The World’s Leading 5G SEP Owners – 2025
          Explore the 2025 rankings of the top 5G SEP owners in our latest report. Learn how g...
      • → menu-arrowIP Management Software
        IP Management Software
        Keep your assets up to date and aligned with your corporate strategy with our Equinox suite of IP management software, data analytics, and eBilling tools
        → Read more
        Our solutions
        Equinox Corporate
        Powerful all-in-one IPMS for corporates
        Equinox Corporate+
        IPMS tailored for large corporates, built on Salesforce
        Equinox Law Firm
        Powerful all-in-one IPMS for law firms
        Equinox Law Firm+
        IPMS tailored for large Law Firms
        Equinox Invention
        Collaborative invention-to-filing workflow
        Latest resources
        • → Equinox Corporate+ – Leveraging Salesforce for Large IP Portfolio Owners
          IP management is evolving fast to keep up with a rapidly changing landscape. In this...
        • → Transform How You Manage Your IP Portfolio with Equinox IP Management Software
          By integrating data, services, and artificial intelligence (AI) capabilities, modern...
        • → A Goal to Boost Efficiency by 30%: Why Brandstock Chose Equinox Law Firm
          Driven by its goal to deliver the “best IP service to clients,” leading law firm Bra...
      • → menu-arrowPreparation & Prosecution CopilotsNew
        Preparation & Prosecution Copilots
        Optimize your entire patent process with our range of advanced Preparation & Prosecution Copilots, from patent application drafting to prosecution workflow automation, claims mapping, and office action responses.
        → Read more
        Our solutions
        Workflow AutomationNEW
        All-in-one patent prosecution workflow, data, and collaboration workspace.
        AI-DraftingNEW
        Industry-leading patent drafting software powered by generative AI.
        Claim MappingNEW
        Patent Mapping and Claim Analysis with AI
        Office ActionsNEW
        Patent Office Action Response Management with AI
        Prosecution Statistics
        Leverage the power of data to guide your patent prosecution with Prosecution Pack
        Latest resources
        • → 5 Challenges for IP Professionals in the Next 5 Years—and How to Overcome Them
          Artificial intelligence (AI) is a hot topic in the IP sector due to its potential to...
        • → Pathways to Productivity: What our 2025 Industry Outlook Research Reveals About AI in IP
          Discover what our 2025 Industry Outlook Research reveals about AI adoption by the IP...
        • → 3 Cutting-Edge Solutions to Support Your R&D and Innovation Strategies
          Discover how the latest cutting-edge software and AI-elevated processes for research...
      • → menu-arrowPatent Services
        Patent Services
        Benefit from end-to-end support for vital but time-consuming administrative tasks with our complete range of patent support services, including searches, translations, international filings, validations, unitary patent management, recordals, renewals, and more
        → Read more
        Our solutions
        Search
        Patentability, Freedom-To-Operate, Invalidity
        International Filing Support
        PCT & national phase, Paris Convention, Unitary Patent
        Unitary Patent Support
        Unitary Patent and Unified Patent Court services
        EP Validation
        Simplified European validation services
        Translation
        Centralized patent translation services
        Renewals
        Fee and renewals management
        Recordals
        Assignment and recordal of all IP Rights
        Latest resources
        • → What You Need to Know About Maintaining Intellectual Property Records 
          Maintaining intellectual property records can be complicated for in-house legal team...
        • → Should You Outsource Intellectual Property Management Services?
          Whether you manage a small portfolio or multiple large ones, intellectual property m...
        • → 4 Major Intellectual Property Issues in Mergers and Acquisitions 
          Merger and acquisition (M&A) activities present many challenges to buyers and seller...
      • → menu-arrowPatent Strategy & Administration
        Patent Strategy & Administration

        Control costs, streamline invoices, and safeguard your patent rights efficiently with our patent strategy & administration services and tools

        → Read more
        Our solutions
        Administrative Support
        End-to-end IP admin, data verification and docketing
        Invoice Management
        Invoice review, bundling and payment
        Cost Management
        Fee audits, negotiation, compliance, benchmarks and forecasting
        IP Consulting
        Landscaping, benchmarking, valuation and licensing
        Defensive PublicationBUY ONLINE
        Publish an invention into the public domain
        Latest resources
        • → 4 Good Reasons to Outsource Trademark Docketing
          Trademark docketing requires time, effort, and resources, placing a strain on many b...
        • → Should You Outsource Intellectual Property Management Services?
          Whether you manage a small portfolio or multiple large ones, intellectual property m...
        • → 3 Cutting-Edge Solutions to Support Your R&D and Innovation Strategies
          Discover how the latest cutting-edge software and AI-elevated processes for research...
  • TrademarkNew
    menu-bracket
    • Our Trademark solutions
      • → menu-arrowClearance & Watch Platform
        Clearance & Watch Platform
        Screen and monitor your brand and trademark rights effectively with our trademark clearance search and trademark monitoring platform
        → Read more
        Our solutions
        Markify ProSearch™
        Screen trademarks with AI-driven search technology
        Markify Comprehensive SearchBUY ONLINE
        AI-driven trademark availability software
        Markify Full Pharma Search
        Best-in-class trademark results paired with key pharmaceutical sources
        Markify Watch
        Watch for new, identical and confusingly similar trademarks
        Markify Brand Monitor
        Monitor marketplaces, social media, and web content
        Latest resources
        • → From Detection to Defense: A Powerful Duo that Tackles Trademark Proof of Use
          Could your or your competitors’ rights be vulnerable to revocation based on non-use ...
        • → Artificial Intelligence and IP: What’s on the Horizon for AI and Trademarks?
          Discover what’s on the horizon for artificial intelligence and IP, including powerfu...
        • → Crossing the Frontier with AI Trademark Search: Where Algorithms Intersect with Human Expertise
          From manual analysis to AI trademark search, discover how combining AI algorithms wi...
      • → menu-arrow IP Management Software
        IP Management Software
        Manage and maintain your trademark, design and domain name rights effectively with our state-of-the-art trademark management software
        → Read more
        Our solutions
        Equinox Corporate
        Powerful all-in-one IPMS for corporates
        Equinox Corporate+
        IPMS tailored for large corporates, built on Salesforce
        Equinox Law Firm
        Powerful all-in-one IPMS for law firms
        Equinox Law Firm+
        IPMS tailored for large law firms
        Equinox Brand Proposal
        Collaborative worklfow for trademark and design proposals
        Latest resources
        • → Equinox Corporate+ – Leveraging Salesforce for Large IP Portfolio Owners
          IP management is evolving fast to keep up with a rapidly changing landscape. In this...
        • → 4 Good Reasons to Outsource Trademark Docketing
          Trademark docketing requires time, effort, and resources, placing a strain on many b...
        • → Transform How You Manage Your IP Portfolio with Equinox IP Management Software
          By integrating data, services, and artificial intelligence (AI) capabilities, modern...
      • → menu-arrowAI Assistants for Trademark ProductivityNew
        AI Assistants for Trademark Productivity
        Review trademark search and watch results, create first drafts of goods and services descriptions, classify evidence of use, and manage office action responses effectively with our AI assistants for trademark productivity.
        → Read more
        Our solutions
        Workflow AutomationNew
        All-in-one digital trademark workflow automation
        Search & Watch Review with AINew
        Chat with trademark search or watch results to review findings and assess risk
        Goods & Services Description DraftingNew
        Save time and build consistency and compliance with our AI solution
        Office Action Response with AI New
        Analyze content and draft answers with AI
        Proof of Use ManagementNew
        Manage trademark evidence of use with AI
        Latest resources
        • → 5 Challenges for IP Professionals in the Next 5 Years—and How to Overcome Them
          Artificial intelligence (AI) is a hot topic in the IP sector due to its potential to...
        • → From Detection to Defense: A Powerful Duo that Tackles Trademark Proof of Use
          Could your or your competitors’ rights be vulnerable to revocation based on non-use ...
        • → Experience AI Copilots in Action: The All-in-One IP Solution That Supercharges Patent & Trademark Productivity
          To stay innovative when developing new products and processes in a fast paced enviro...
      • → menu-arrowTrademark, Design & Domain Services
        Trademark, Design & Domain Services

        Access expert support throughout the complete brand lifecycle with our integrated domain name, design, and trademark solutions

        → Read more
        Our solutions
        Search
        Analyst-driven searches with on-demand and customizable reporting
        Watch
        IP asset monitoring with intelligent pre-selection
        Online Brand Protection
        Case management and take-down services
        Filing
        International registration process support
        Renewals
        Trademark and design renewal services
        Domain Name Management
        Effective management of corporate domain names
        Recordals
        Assignment and recordal of all IP rights
        Administrative Support
        End-to-end IP admin, data verification, docketing
        Latest resources
        • → Why Do Companies Outsource IP Tasks? Because They Want to Reach Their KPIs! 
          While normally associated with internal metrics, key performance indicators (KPIs) c...
        • → What You Need to Know About Maintaining Intellectual Property Records 
          Maintaining intellectual property records can be complicated for in-house legal team...
        • → Trademark and Brand Protection Hot Topics: a discussion about trends and news from IACC & INTA
          Our teams attended INTA and IACC, key events in the intellectual property world. The...
  • Innovation
    menu-bracket
    • Our Innovation solutions
      • → menu-arrowInnovation Management Software New
        Innovation Management Software
        Make your innovation management processes faster, efficient and scalable with our end-to-end innosabi innovation management platform.
        → Read more
        Our solutions
        innosabi Insight
        Business-oriented dashboards for innovators
        innosabi Startup
        Startup deal flow and program management
        innosabi Idea
        Collaborative idea and innovation management
        innosabi Community
        Customers co-creation and communities
        innosabi Partner
        Partners co-innovation and open calls
        innosabi Project
        Innovation Project Management
        Ask Sophia, your AI agentNew
        Unlock AI-powered use cases across a range of Questel software.
        Latest resources
        • → How to Foster a Culture of Innovation in Your Organization
          To be successful, companies must develop and implement continuous improvements to th...
        • → 5 Reasons to Invest in Innovation Management Software
          Translating innovative ideas into successful products is becoming increasingly compl...
        • → 9 Ways to Build a Successful Innovation Culture
          To embed innovation fully into their organizations, companies are often told they ne...
      • → menu-arrowInnovation Services
        Innovation Services
        Successful innovation processes and culture are about more than the right software tools. Our innovation services leverage proven methods and approaches to generate insights, ideas, and solutions.
        → Read more
        Our solutions
        Innovation Consulting
        Market screening, Competitive intelligence and Technology scouting
        Operational Services
        Connect with partners, improve or localize your innovation process
        Naming
        Products and services naming
        Software Localization
        Seamless user experience to a global audience
        Marketing Translation
        Engage with new audience globally
        Latest resources
        • → 7 Key Questions to Measure Innovation Management Success 
          Innovation is the key to staying competitive in today’s fast-paced business world. H...
        • → Software Patent: How Can It Be Done?
          Even though life without computers is today nearly impossible to imagine, patent-bas...
        • → What is Innovation Scouting?
          Change is a constant. New technologies surface regularly and change existing product...
  • SolutionsAI
    menu-bracket
    • Solutions
      • → menu-arrowArtificial Intelligence in IPNew
        Artificial Intelligence in IP

        Discover Questel’s holistic and responsible approach to artificial intelligence
        and intellectual property and our vision to inspire the future of IP with AI

        → Read more
        Our solutions
        AI Adoption Trends
        Discover how AI is transforming IP
        AI Patent Drafting
        Industry-leading patent drafting software powered by generative AI
        AI Copilots for Prosecution
        AI copilots for optimized patent preparation and prosecution workflows
        AI Patent Classification
        AI copilot for automated patent classification
        AI Trademark Search
        AI copilot for elevated trademark clearance search
        Ask Sophia, your AI agentNew
        Unlock AI-powered use cases across a range of Questel software.
        Proof of UseNew
        Capture Trademark Evidence of Use with AI
        Latest resources
        • → The Future of IP Departments: Are We Headed Toward a World of Only Chatbots and AI?
          In this on-demand session, industry leaders from Questel and Better Ipsum discuss ho...
        • → Pathways to Productivity: What our 2025 Industry Outlook Research Reveals About AI in IP
          Discover what our 2025 Industry Outlook Research reveals about AI adoption by the IP...
        • → Leverage Artificial Intelligence to Simplify Your Prosecution Work
          Unlock exclusive insights and discover how Qthena, the AI-powered prosecution assist...
      • → menu-arrowIntegrated IP Ecosystem
        Integrated IP Ecosystem

        Optimize your intellectual property assets with our comprehensive IP portfolio management solutions,
        ensuring maximum protection and strategic advantage for your business.

        → Read more
        Our solutions
        IP Management Software
        IP management systems, docketing, forecasting, data analytics, blockchain, and eBilling tools
        IP Services Portal
        Our web-based platform for IP services management
        Renewals Connector
        PAVIS Connect, our solution for companies and laws firms that already have an IP management system
        Integrated Trademark Watch
        Access trademark watches directly from Equinox with Markify Watch integration
        Latest resources
        • → Switching to a New IPMS: What Does the Data Migration Process Involve?
          When you’re considering switching to a new IP management system (IPMS), you’ll likel...
        • → When Is the Right Time to Upgrade Your IP Management Software?
          When you are overloaded by IP administrative tasks and deadlines, switching to a new...
        • → The Power of IPMS Technology for IP Lifecycle Management
          By choosing an end-to-end integrated IP management system (IPMS), you can build effi...
      • → menu-arrow Solutions for Law Firms
        Solutions for Law Firms
        Streamline internal processes, satisfy client demand, and remain competitive with our specialist solutions for law firms
        → Read more
        Our solutions
        Workflow Automation
        All-in-one patent prosecution workflow, data, and collaboration workspace.
        AI Office Action
        Patent Office Action Response Management with AI
        AI Patent Drafting
        Industry-leading patent drafting software powered by generative AI
        Equinox Law Firm
        Powerful all-in-one IPMS for law firms
        Orbit Intelligence
        Powerful patent searching and analysis
        Trademark Clearance and Watch
        Screen and monitor your trademark rights effectively with our Markify platform
        Legal Translation
        Streamline multilingual matters with fast and reliable legal translation services
        Patent Translation
        Centralized patent translation services
        Patent Renewals
        Fee and renewals management
        Trademark Renewals
        Trademark and design renewal services
        Latest resources
        • → How Equinox Law Firm Supports Redchip Lawyers to Save Time and Build Relationships
          For law firms with large, multi-disciplinary practices, an IP management system (IPM...
        • → Can Your IPMS Help Build Strong Client Relationships?
          Cultivating strong client relationships is incredibly important for IP law firms. Yo...
        • → Leverage Artificial Intelligence to Simplify Your Prosecution Work
          Unlock exclusive insights and discover how Qthena, the AI-powered prosecution assist...
      • → menu-arrowSolutions for Life Sciences
        Solutions for Life Sciences

        Intellectual property management tools, services, and insights to support life sciences innovation strategies

        → Read more
        Our solutions
        Orbit BioSequence
        DNA and amino acid searching and analysis
        Orbit Chemistry
        Small molecules searching and analysis
        Orbit Insight
        Explore new markets and opportunities
        Markify Full Pharma Search
        Best-in-class trademark results paired with key pharmaceutical sources
        Equinox Corporate
        Powerful all-in-one IPMS for corporates
        Life Science Translation
        Translation solutions across the product lifecycle—from patent to post-market
        Patent Translation
        Centralized patent translation services
        Patent Renewals
        Fee and renewals management
        Trademark Renewals
        Trademark and design renewal services
        Best IP Tech ProviderNEW
        LSPN North America Awards recognize Questel
        Latest resources
        • → Patent Data Analytics, It’s Not Just for Patent Searching
          There are many reasons why organizations may conduct patent searching exercises and—...
        • → Harnessing the Power of Patent Analytics
          Patent analytics can reveal new application areas, diversification opportunities, an...
        • → The Technology Landscape of Precision Medicine: An IP Analysis
          Technological developments in gene sequencing, imagery, and data analysis are enabli...
      • → menu-arrowSolutions for R&D and Innovation
        Solutions for R&D and Innovation

        Strengthen, structure, and maximize your R&D and innovation strategy, workflows, and internal processes by harnessing the latest tools and technologies, including through smart application of generative AI.

        → Read more
        Our solutions
        Innovation Management Software
        Create more efficient and scalable innovation management processes
        Equinox Invention
        Collaborative invention-to-filing workflow
        Equinox Brand Proposal
        Collaborative worklfow for trademark and design proposals
        Innovation Consulting
        Market screening, competitive intelligence, and technology scouting
        AI for R&D Workflows
        Streamline your research and development workflows with AI
        Latest resources
        • → 3 Cutting-Edge Solutions to Support Your R&D and Innovation Strategies
          Discover how the latest cutting-edge software and AI-elevated processes for research...
        • → 7 Key Questions to Measure Innovation Management Success 
          Innovation is the key to staying competitive in today’s fast-paced business world. H...
        • → AI Patents: What Patent Mapping Can Tell Us About Future AI Technologies
          Artificial intelligence (AI) is evolving all the time thanks to the growing quantiti...
      • → menu-arrowLanguage Solutions
        Language Solutions

        Translation, interpretation and tech-enabled localization services and language solutions that help global organizations open up new markets, overcome regulatory hurdles and connect with audiences worldwide. 

        → Read more
        Our solutions
        Legal
        Streamline multilingual matters with fast and reliable legal translation services
        Life Science
        Translation solutions across the product lifecycle—from patent to post-market
        Corporate Localization
        Manage operations, ensure compliance, and maintain consistent messaging worldwide
        Latest resources
        • → Employing A "Winning Strategy" For Your International Matters
          Year after year, in-house legal teams and outside counsel handling international and...
        • → The Role Clinical Trial Translation Plays in Patient Recruitment and Retention
          Health equity is an essential goal in modern healthcare, and one pivotal aspect of a...
        • → The difference between a legal interpreter and a legal translator
          Attorneys, courts and case law often conflate the need for legal translators or lega...
  • Resources
    menu-bracket
  • Contactmenu-bracket
More
    • Learn & Supportmenu-bracket
      • Learn and support
          • Webinars & Eventsmenu-bracket
            Are you interested in attending one of our online or onsite event?
          • Product Trainingsmenu-bracket
            Customer success is our priority. Increase your skills in the use of Questel’s software
          • Product Newsmenu-bracket
            A platform dedicated to software and platforms news and evolutions
          • Best-in-class Customer Experiencemenu-bracket
            Our goal is to exceed our clients' expectations and share best practices
          • IP Trainingmenu-bracket
            Increase the IP-IQ of your entire organization with engaging IP training programs
          • Newsletter subscriptionmenu-bracket
            Sign up for our quarterly patent and trademark newsletters and set your email preferences below.
          • Resource Hubmenu-bracket
            Stay up-to-date with industry best practices with our latest blogs
    • About Questelmenu-bracket
      • Careers →menu-bracket
        • Login Pages →menu-bracket
          • Learn & Supportmenu-bracket
            • Learn and support
                • Webinars & Eventsmenu-bracket
                  Are you interested in attending one of our online or onsite event?
                • Product Trainingsmenu-bracket
                  Customer success is our priority. Increase your skills in the use of Questel’s software
                • Product Newsmenu-bracket
                  A platform dedicated to software and platforms news and evolutions
                • Best-in-class Customer Experiencemenu-bracket
                  Our goal is to exceed our clients' expectations and share best practices
                • IP Trainingmenu-bracket
                  Increase the IP-IQ of your entire organization with engaging IP training programs
                • Newsletter subscriptionmenu-bracket
                  Sign up for our quarterly patent and trademark newsletters and set your email preferences below.
                • Resource Hubmenu-bracket
                  Stay up-to-date with industry best practices with our latest blogs
          • About Questelmenu-bracket
            • Careers →menu-bracket
              • Login Pages →menu-bracket
              EN
              questel-menu
              Unified Patent Court Agreement
              Blog Post / Published, October 18, 2022

              Unified Patent Court Agreement

              Back to Resource hub
              Back to Resource hub
              overview

              What does the Unified Patent Court Agreement mean for your European patent rights? Questel’s experts offer practical advice on the pros and cons of the forthcoming Unitary Patent system, whether you should opt-out from the jurisdiction of the Unified Patent Court, and how our Orbit Intelligence software can help you build the right strategy for your organization.

              After many years of development and deliberation, the Unitary Patent (UP) and the associated Unified Patent Court (UPC) are expected to come into force in the coming months. This new Unified Patent Court Agreement and system will have an immediate impact on your strategy for protecting your innovations in Europe and the future direction of your patent portfolio.

              To assist you in this process, Questel has developed a range of dedicated Unitary Patent tools and services to support your decision-making process. In this article, we will analyze the upcoming changes and explain how Orbit Intelligence, Questel’s patent search and analytics tool, can help you to navigate them effectively.

              Adopting a clear strategy will allow you to maintain the value of your portfolio with regard to the imminent arrival of the UP and UPC. Don’t delay getting started! The Questel group is on hand to provide advice and support.

              Unified Patent Court Agreement: Need to know

              The European patent with unitary effect (known as the Unitary Patent) is the culmination of years of European efforts to create a centralized patent-granting procedure covering the member states in the European Union (EU) that are signatories to the Unified Patent Court Agreement (also known as the UPC Agreement or UPCA). As we explain in detail in our Unitary Patent eBook, the pre-grant phase for Unitary Patents will operate in the same way as the current procedure conducted by the European Patent Office (EPO). However, after grant, the patent holder will be able to apply for “unitary effect”, thus obtaining a Unitary Patent providing uniform patent protection in those signatory EU member states.

              Upon grant, therefore, the patent owner can decide on the current system of validation (leading to the creation of national rights) or request unitary effect in the territories where the unitary patent is available. The advantages of the Unitary Patent include (in brief):

              • A reduction in costs compared to multiple validations and broad territorial protection;
              • A simple and direct procedure with reduced translation requirements, and a single annuity fee; and,
              • (In parallel, through the creation of the UPC), access to a uniform jurisdiction to facilitate the development of consistent case law and ultimately increase legal certainty.

              Despite these advantages, there are also certain risks to consider when deciding whether or not to choose the UPC route. For example:

              • The potential vulnerability to a central invalidity action in a single court which could lead to revocation of the European patent in all UPC states;
              • The initial lack of substantive and procedural case law;
              • The costs, which are likely to be higher than the equivalent costs of litigation in a single national court.

              Find out more about the new European right, including the pros and cons of filing rights under the new system, by downloading our Practical Guide to the Unitary Patent or read our article ‘Getting ready for the Unified Patent Court system’.

              During a transition period of seven years, potentially renewable for a further seven years, the patentee must also decide whether to opt-out from the jurisdiction of the UPC, irrespective of whether their patent has taken the classic validation or the unitary patent route. Here, the clock is starting to tick…

              One of the first decisions for rights holders concerns whether to opt-out existing and pending European patent and SPC rights from the UPC system and the jurisdiction of the new court. Ideally, this decision should be taken during the Sunrise period, the three-month period prior to the new court system and unitary patent going live. By lodging opt-out applications during this period, rights holders can avoid the risk of a central invalidity action under the Unified Patent Court Agreement when the new system comes into effect.

              For further information about the process for opting out of the UPC system, download our ebook Opting out from the jurisdiction of the UPC.

              Should you opt-out your European rights? IP analytics can help you decide

              IP analytics can provide the data and information you need to help inform your future European patenting strategy. This should include a mix of internal and external indicators:

              • Internal indicators

              Firstly, internal indicators can help you to decide whether to opt-out your patents by considering the profile of your company and by analyzing the purpose of your portfolio. Is your portfolio intended for partnerships, defense or, on the contrary, to attack the market?

              For a portfolio that is intended to be aggressive, it may be more valuable to make the decision to “stay in”, as it will have a direct and global impact. This will be further strengthened if your ability to oppose and defend your patents is strong.

              The second step in your decision-making will be to analyze the market in which you operate including its size and the territories of interest for your portfolio. In some sectors, the market may be particularly aggressive and entering it may involve higher risks. This is the case, for example, in the pharmaceutical sector, which is known to be particularly litigious. In this example, “opt-out” may be a reasonable option to avoid losing the patent in a single opposition procedure in all UPC countries simultaneously.

              Determining the size of your company’s patent portfolio is also crucial to making this decision. Key questions include the status of your patent, its age, and its economic value. The latter is important because a patent with a very high economic value requires protection, rendering “opt-out” potentially more appropriate.

              By analyzing these factors at company, portfolio and market level, you can craft an initial overview of each patent within the UPC system:

              opt-out decisions Unified Patent Court

              • External indicators

              Once your initial internal evaluation has been completed, your strategy can be complemented by a more in-depth analysis using IP analytics software. For example, Questel’s global IP intelligence software Orbit Intelligence delivers rapid, focused, and comprehensive access to information essential to your decision-making.

              The includes the ability to quick perform: comprehensive patent analyses, such as searches for freedom to operate and patentability; deep dives into your competitors’ portfolios; and, comprehensive market analysis with supporting graphical visualizations. In addition, Orbit Intelligence provides you with access to a very large database of patent and non-patent literature (including clinical trials, projects, and scientific documents) as well as a reliable access to the legal status of patent families worldwide and their full text translations. Data on litigation, oppositions, licensing agreements, and standards are also available and information on Unitary Patents will also be included in the tool as soon as they become available.

              The key information accessible on Orbit Intelligence is available in the patent family (directly at the level of the search results), but also by using the analysis tools or by carrying out guided activities:

              By accessing a patent family on Orbit Intelligence, you will have direct access to its legal status. In other words, you will be able to determine whether there is any litigation/opposition pending or the outcome of such events in the past. This information will help you to assess portfolio strength. Our tool also provides you with access to backward and forward citations as well as documents cited by the examiner (category X, A and Y) which can also help in this respect. For example, it could be interesting to “stay in” with a widely cited patent as it would be considered to be decisive for its technological field.

              In addition, with Orbit Intelligence you will be able to analyze your competitors’ portfolios thanks to the analysis tools, determine their geographical distribution, and/or look at which countries are the most active in your field of expertise. As an example, if a large number of competitors are operating in your field in common territories, you will wish to exercise caution and opting-out could be considered.

              Using Orbit Intelligence, you will have access to more than 45 metrics, which are scores and indicators to position your portfolio on the market and compare it with your competitors (see Figure 2 below). For instance, you will be able to directly observe the originality score of a patent, its strength, and its technical impact. By comparing all of these metrics you can evaluate a patent using multiple parameters to guide you on whether to opt-out or not.

               

              orbit intelligence patent families

              Portfolio comparison using metrics, a very strong, original, and widely cited patent will lead to an “stay in” decision

              Questel and Orbit Intelligence can further support your decision-making by providing you with as much information as possible about your patent families and those of your competitors.

              Unified Patent Court Agreement next steps: Contact us for additional support

              The decision whether to “opt-out” your EP rights from the jurisdiction of the Unified Patent Court Agreement and jurisdiction requires a great deal of thought. Questel and our patent search tool Orbit Intelligence cannot only provide you with the necessary IP analytics to help inform your decision-making process. We have also established a dedicated service team to help you assess the opportunities and risks of the Unified Patent Court Agreement to your European patent filing strategy and business in Europe. 

              Read more about our dedicated Unitary Patent solutions or contact us today for tailored advice and support.

              Questel

              A world leader in intellectual property and innovation management.

              • Patent
                • IP Intelligence Software
                • IP Management Software
                • Preparation & Prosecution Copilots
                • Patent Services
                • Patent Strategy & Administration
              • Trademark
                • Clearance & Watch Platform
                • IP Management Software
                • AI Assistants for Trademark Productivity
                • Trademark, Design & Domain Services
              • Innovation
                • Innovation Management Software
                • Innovation Services
              • Solutions
                • Artificial Intelligence in IP
                • Integrated IP Ecosystem
                • Solutions for Law Firms
                • Solutions for Life Sciences
                • Solutions for R&D and Innovation
                • Language Solutions
              Stay in touch !
              Your email address is only used by Questel to send you the news, updates and offers. You can unsubscribe at any time by clicking on the unsubscribe link at the bottom of the newsletter. For more information about the Processing of your Personal Data by Questel, please visit our privacy policy page.
              © 2025 Questel. All rights reserved.
              Consent choices
              • Cookies policy
              • Data Privacy Policy
              • AI Policy
              • Legal notice