EBOOK
Unitary Patent system – opting out from the UPC
Should you opt-out from the jurisdiction of the Unified Patent Court?
The latest information on the Unified Patent Court (UPC indicates a possible entry into force in March 2023. If this date is confirmed, the Sunrise period, which will allow opt-out from the jurisdiction of the UPC before its entry into force, will start in December 2022.
European right holders who have planned to opt-out all or part of their patent portfolio may only have a few months left, therefore, to finalize their preparations and choose the means by which their opt-outs will be performed.
In this eBook, we set out tools and information to help you make that decision, including answering the following key questions:
- What is the jurisdiction of the UPC?
- Why would you opt-out of the jurisdiction of the UPC?
- When should you opt-out of the jurisdiction of the UPC?
- How are UPC opt-out declarations filed?
- How should you prepare your UPC opt-out strategy?
Unified Patent system: Why jurisdiction matters
Once the Unitary Patent system comes into being, the Unified Patent Court (UPC) will become competent for decisions relating to the validity and infringement of European patent rights in all member states that have ratified the UPC Agreement (UPCA).
This applies to ‘classical’ European patents (EPs), European patents with unitary effect (Unitary Patents), and supplementary protection certificates (SPCs) derived from them.
Discover why and how to opt rights out from the UPC
While the jurisdiction of the UPC will be exclusive without any possible derogation for Unitary Patents, it will be possible to proactively opt-out of the court’s jurisdiction for all other European titles (EP applications, EP patents without unitary effect, and corresponding SPCs). Such opt-out declarations can be filed during the three-month Sunrise period before the new system comes into effect and during the subsequent transitional period.
Download our latest eBook to discover our step-by-step guide to creating and enacting the right opt-out strategy for your organization, including the advantages and disadvantages of the available options.
This eBook was updated on 10 October to incorporate new information about UPC timescales and planned procedures for lodging opt-out applications at the UPC Registry.
Related articles
WEBINAR
AI meets IP, your final true companion
Intellectual Property
Artificial Intelligence will become increasingly pervasive in our everyday life.
BLOG POST
Unified Patent Court Agreement
Intellectual Property
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… Read More »Unified Patent Court Agreement
BLOG POST
Patenting Software: How can it be done?
Intellectual Property
Even though life without computers is today nearly impossible to imagine, patent-based protection of the necessary software supporting such devices is still somewhat abstract. This is quite surprising, given that software-based instructions are necessary for operating everything from a modern fridge to most newly built vehicles. This article examines the usual hurdles and optimal approaches… Read More »Patenting Software: How can it be done?