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
        • → 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...
        • → What is the Ideal Trademark Renewal Timeline?
          With trademark protection lasting only 10 years, renewing your registration is the o...
  • 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 suite of innosabi innovation management software.
        → 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
        • → 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...
        • → 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-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
              Everything you need to know about opting out of the jurisdiction of the Unified Patent Court
              Blog Post / Published, August 16, 2022

              Everything you need to know about opting out of the jurisdiction of the Unified Patent Court

              Back to Resource hub
              Back to Resource hub
              overview

              In preparation for the launch of the unitary patent system, patent holders will have the option to begin to opt some European titles out of the jurisdiction of the Unified Patent Court during a three-month ‘Sunrise’ period and during a set transitional period thereafter. With the system estimated to launch in early 2023, now is the time to start preparing your opt-out strategy.

              In our recent webinar ‘All you need to know about opt-outs’, Dr Kate McNamara, Senior Patent Attorney at Novagraaf, and Viviane Chilton, Senior IP Services & Consulting Expert at Questel, shared strategies and advice for decision-making around opting out, including potential benefits and drawbacks, implications and practicalities, and the importance of timing. Here we summarize the key points from their discussion.

              Getting ready for the Unified Patent Court system

              The European patent with unitary effect (‘unitary patent’) is set to provide organizations with a valuable new route to European patent protection, but its progress to launch has been far from smooth. With the system finally due to come into effect early next year (according to current estimates), rights holders have some important decisions to make, not least whether they should make use of the planned Sunrise period to opt eligible rights out of the jurisdiction of the Unified Patent Court (UPC).

              Questions about the unitary patent? Download our ‘Practical guide to the unitary patent’ for everything you need to know about this important new patent right.

              What will be the jurisdiction of the Unified Patent Court?

              The UPC is a newly created international court with jurisdiction for infringement and revocation actions relating to unitary patents and classical European patents that have not been opted out of the system.

              The Court is designed to be highly efficient, with judgments in the first instance intended to be delivered within one year of the start of an action. Those decisions will be issued by internationally composed panels, comprising both legally and technically qualified patent judges, and will be binding in all countries that have ratified the UPC Agreement.

              At the moment, that includes 17 EU member states, although that might change as more countries ratify the agreement. Notable exceptions include Spain and Poland (which are not signatories to the agreement) and Switzerland and the UK  (which are not EU member states).

              UK Unified Patent Court

              The UK left the unitary patent and UPC system after Brexit

              Why do you need to opt out of the jurisdiction of the Unified Patent Court?

              A further impact of the UPC Agreement coming into effect is that existing national validations of European patents in countries that have ratified the agreement will now fall under the joint jurisdiction of the UPC and the relevant national court. That is unless the patent owner proactively opts those rights out of the UPC system.

              There is a time pressure to opt out granted national validated patents and Supplementary Patent Certificates (SPCs) derived from them; however opt-out declarations should also be considered for new and pending applications.

              If an opt-out declaration is not filed, the UPC will share jurisdiction over your national validated patents and any associated SPCs with the national courts. What this means in practice is that enforcement or any third-party actions can take place at the UPC, or in one or more national courts.

              To find out more about the jurisdiction of the UPC, download our eBook ‘Should you opt-out from the jurisdiction of the Unified Patent Court?’

              What are the benefits of remaining within the jurisdiction of the Unified Patent Court?

              There are several reasons why you might choose to request European patents with unitary effect (and thus fall under the jurisdiction of the UPC) and why you might choose to allow (some) existing European patent rights and applications to fall under the jurisdiction of that court.

              European patent rights that fall under the jurisdiction of the UPC will also provide rights holders with the opportunity to enforce their patents across many jurisdictions in a single action, for example. This can be particularly advantageous in terms of cost if your patent family is large.

              What are the risks of remaining within the jurisdiction of the Unified Patent Court?

              Perhaps the biggest risk of remaining within the jurisdiction of the UPC is that of a centralized revocation action. In other words, a single action before the UPC could result in the revocation of that patent in all countries that have ratified the UPC Agreement.

              As this is a new court, there is also the question of lack of case law and uncertainty around costs, timescales, and outcomes of litigation to consider. One option to mitigate some of these risks is to consider the use of divisional applications or related cases to balance the advantages and disadvantages of the new system. For example, you could have a parent patent under the jurisdiction of the Unified Patent Court jurisdiction and an EP divisional application that has been opted out and managed under the national system. Another option would be to manage coexisting national and European patents, provided that double patenting provisions are complied with.

              What can you opt out of the Unified Patent Court system and when?

              Applicants and patentees can opt out in force and expired European patents, European patent applications, and SPCs from the jurisdiction of the UPC during the three-month Sunrise period and the transitional period that follows. It will not be possible to opt unitary patents (i.e. European patents with unitary effect) out of this court’s jurisdiction.

              The entry into force of the unitary patent and the beginning of the Sunrise period is linked to the date of the entry into force of the UPC Agreement. This exact date is still to be confirmed, as it depends on the completion of certain preparatory work to make the court operational, but is expected to be triggered once Germany deposits its instrument of ratification. This could be as early as September this year.

              Once the Unitary Patent and UPC system is live, the Sunrise period  will end and a seven-year transitional period is due to come into effect (during which opt-outs can continue to be filed), which can be extended by another seven years. This will happen in early 2023, according to current estimates.

              What is the UPC Sunrise period?

              Why do you need to file Unified Patent Court opt-out declarations now?

              It’s important to note that opt-out declarations can’t be filed if an action has already been bought before the UPC. Therefore, to guarantee that a third party cannot start a centralized revocation action before the UPC on the first day that the Court is operational, opt-out declarations should be filed as soon as possible, i.e. during the Sunrise period.

              What should you opt out of the UPC system?

              This is the big question for rights holders. However, it is generally held that opting out existing validated national patents and published applications is the less risky option at this point, compared to taking no action.

              Existing validated national patents, in particular, are already locked into the existing system of renewal fees, and the translations required to effect validation in those countries have already been paid for. In other words, the potential benefits of the unitary patent can’t be realized in those areas, while choosing not to opt out will potentially expose those patents to the jurisdiction of the UPC.

              How will the opt-out process work?

              Opt-out declarations must be filed online at the UPC registry and this can be done either directly using the UPC case management system or by asking your authorized representative to perform the opt-out on your behalf. This option will be particularly useful if you have multiple opt-outs to declare.

              It will be possible to include several rights in the same opt-out declaration, and there is no official filing fee.

              Please note the following important points:

              • If a European patent is opted out, any associated SPC must also be opted out. If the SPC and the patent are owned by different entities, all owners must agree to opt out.

              → It’s worth getting in touch with SPC owners if they are different now to coordinate.

              • Opt-out declarations must be filed by the person that’s entitled to be registered as the patent proprietor/applicant (or by their representative on their behalf). This might be different from the name listed on the register, so it’s important to be careful and check the records.

              → While it’s not necessary to update the register if there’s a difference, it is recommended, as we do think it will simplify things. Discover Questel’s Unitary Patent data check service

              • When a European title is held by multiple owners, and all by different holders in the member states party to the UPC Agreement, these holders will have to act jointly to opt out.

              → We recommend checking with any co-proprietors or representatives as to whether they want to opt out, and if they’ve already prepared the opt-out declaration for the Sunrise period.

              We suggest you start thinking about preparing your opt-out declarations as soon as possible because you need enough time to make sure that all checks have been taken in time to file the opt-out during the Sunrise period (if required).

              While there will be a procedure in place to allow corrections, no checks will be carried out by the registry on the opt-out declarations at the time of their filing, so it is very important to get it right. If an opt-out declaration is challenged later on and it’s found to be invalid, an action can still be brought at the UPC, which is of course what you’re trying to avoid.

              Can you track and manage opt-outs?

              All opt-out declarations will appear on the publicly available register, with the register set to be updated within a few minutes of a completed opt-out application. It will be possible to set up an alert to be notified of instances where your patents, or maybe even your company name, appear. Find out about Questel’s UPC opt-out and competitor monitoring service

              Once a patent has been opted out, that opt-out lasts for the life of the patent, and this is beyond even the transitional seven-year period. However, an opt-out can be withdrawn if you decide that you do want a patent application to fall under the jurisdiction of the UPC.

              If the opt-out is withdrawn, the patent will be placed under the shared jurisdiction of the UPC and the national court, if the withdrawal is filed during the transitional period or under the sole jurisdiction of the UPC, if the withdrawal is filed after the end of the transitional period.

              Once an opt-out has been withdrawn, it will not be possible to file a second opt-out. It should also be noted that withdrawal of an opt-out is not possible if an action has been launched before a national court.

               How should you prepare for opt-outs?

              Which European patents should you opt-out of the UPC?

              Preparing for the Unified Patent Court

              We  recommend taking the following steps:

              1. Start by identifying the patents that you might want to opt out of the UPC. You can do this with a landscape analysis of your patents.
              2. Take advice on opting out of the UPC for existing rights and on recommended filing routes for your European patent portfolio, i.e. should you continue with national validations or unitary effect or a combination.
              3. Perform a data check of your EP rights against EPO/national registers, to check that the registered patent owners are correct.
              4. Consider using a streamlined, UPC opt-out service, including bulk opt-outs for larger portfolios. You might also want to consider organizing a UPC register watch alert and competitive intelligence reports.

              Questions about the unitary patent? Download our ‘Practical guide to the unitary patent’ and ‘Opting out of the UPC’ eBooks for everything you need to know about this important new patent right or schedule a call with an expert.

              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