Basic
Showing
Geographic Scope of the UPC and Unitary Patent
The UPC and Unitary Patent will have specific geographic scope which may vary over time as more states participate.
Opt-out decision
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. A patent which is not opted out of the UPC system can be asserted...
Information from the UPC Registry
The Registry of the Unified Patent Court maintains a number of Registers which are publicly accessible via their website at www.unified-patent-court.org. Cases Most obviously, there is a register of cases filed at the UPC. Cases appear there shortl...
Unitary Patent as an object of property
A registered intellectual property right such as a patent is normally considered a property right of the country in which it has effect. Rules relating to the patent as an object of property, for example what is required to legally assign the right, ar...
What are the options if you want to be able to use the UPC?
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 the competence of the UPC (unless opted_out). Can I ob...
What are the options if you want to avoid the UPC?
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 th...
What is the Unified Patent Court?
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 European patents (unless they have been opted...
What languages does the UPC use?
Central Division Proceedings at the central division are in the language in which the patent was granted (i.e., either French, German or English). Local/Regional Divisions Proceedings at the local/regional divisions are in either: An offici...
How does the opt-out work?
The Unified Patent Court (UPC) will ultimately be responsible for all litigation in participating member states relating to patents granted by the European Patent Office (EPO); national courts in those countries will only retain jurisdiction over natio...
What is the Unitary Patent and how do I get one?
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 the UPC (opt_out is not possible). Even if other co...