Unitary Patent system – opting out from the UPC

Should you opt-out from the jurisdiction of the Unified Patent Court?

The information on the Unified Patent Court indicated an entry into force in June 2023. The Sunrise period allows opt-out from the jurisdiction of the UPC before its entry into force, started in March 2023.

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 is 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.

Update in progress to incorporate new information about UPC timescales and planned procedures for lodging opt-out applications at the UPC Registry.