What are the options if you want to avoid the UPC?

No items found.
​
November 3, 2022

During the transitional period, it is possible to opt classical (i.e. non-unitary) European patents and applications out of the competence of the UPC (provided that no action has commenced at the UPC in respect of that patent). The opt_out lasts for the lifetime of the patent. After the transitional period, European patents granted for member states participating in the UPC (both unitary and non_opted out classical) will fall within the competence of the UPC. The only way to avoid the UPC for applications filed after the transitional period ends will be to avoid using the European Patent Office altogether, which can be achieved through filing patent applications at national patent offices. (This route is of course also available during the transitional period.) Finally, for non_opted_out patents during the transitional period, the UPC and national courts share competence, so it is possible to commence an action at a national court during this period. It will then generally not be possible to re_litigate the same matter (i.e. sue the same party for similar infringements of the same patent in the same territory) in the UPC or in the same national court. However, if the same patent is litigated against a different defendant, then both national and UPC options would be available as originally.

The Latest Thought Leadership pieces in the Content Hub

What languages does the UPC use?
November 1, 2022
Central Division Proceedings at the central division are in the language in which the patent was granted (i.e., either French, German or English).
Geographic Scope of the UPC and Unitary Patent
February 22, 2023
The grant of a European Patent allows patent rights to be obtained in respect of over 35 states by means of the respective validation procedures for those states.
Opt-out decision
December 2, 2022
Owners of European patent rights (both pending and granted patents) need to decide, in respect of each right individually, whether to opt out of the Unified Patent Court ("UPC") system.
Stay in the Know

The Patent Strategist

Get expert insights and the top patent stories delivered straight to your inbox.

Heading
This is some text inside of a div block.
This is some text inside of a div block.

Latest Insights

Showing 0 of 100
What are the options if you want to avoid the UPC?
03 November 2022
During the transitional period, it is possible to opt classical (i.e. non-unitary) European patents and applications out of the competence of the UPC (provided that no action has commenced at the UPC...
What are the options if you want to be able to use the UPC?
03 November 2022
All unitary patents fall within the competence of the Unified Patent Court (UPC). Additionally, classical validations of European Patents in states which have ratified the UPC agreement are within...
What is the Unified Patent Court?
01 November 2022
The Unified Patent Court ("UPC") is a new pan-European court which opened for business on 1 June 2023. It adjudicates disputes relating to the new Unitary Patents and also to existing and future...
What is the Unitary Patent and how do I get one?
01 November 2022
The Unitary Patent (UP) is a single patent right, obtained via the European Patent Office, covering all EU Member States which have ratified the agreement at the patent grant date, and is subject to...
What languages does the UPC use?
01 November 2022
Central Division Proceedings at the central division are in the language in which the patent was granted (i.e., either French, German or English).
Getting to the EIP London Office
Use this guide to locate the EIP office in London