Proprietors should already make decisions regarding the opt-out option. They need to decide which of their granted and validated European patents, applications, and SPCs they wish to have opted out.

The most crucial reason to opt-out would be to avoid a UPC revocation action. The UPC has jurisdiction over: disputes relating to the unitary patents themselves; traditional European patents validated in one or more participating countries; pending European patent applications; and SPCs.

The opt-out decision will depend on many factors. There will be advantages in keeping some patents out of the UPC’s jurisdiction. One action brought before the UPC’s Central Division could lead to the revocation of the patent in all member states. In case opt out is filed, granted and validated European patents are revoked in separate actions in the national courts in the way they are revoked now. However, it may be worth keeping at least some of your patents within the jurisdiction of the UPC.

Proprietors of each European patent have two options

Do nothing – European patents will automatically fall under the jurisdiction of the UPC. Or opt out from the UPC, in which case national courts remain the sole jurisdiction.

Steps to opt-out

Send us the portfolio of your current European patent applications, existing European patents validated in one or more participating countries, and SPCs. We will evaluate which patents should opt out. You will then file an opt-out request in the Management System of the Unified Patent Court.

Currently available

Normal mode – transitional period

During the transitional period (of seven years plus seven years), you can file a UPC opt-out at any time for a granted or pending European patent application. It applies if no action has already started before the UPC. Opt-out is not possible if an action has been already filed before the UPC. Once opted out, national courts remain the sole jurisdiction.

Available until ~2030 (extendable by a further 7 years)

Closed – ended 1 June 2023

The ‘Sunrise’ period

A safe ‘sunrise’ period lasted for three months before the start of the UPC, during which patents could be opted out before any UPC proceedings were possible. During the transitional period you can withdraw a declaration to opt-out, but it is impossible to opt-out again once withdrawn.

Ended 1 June 2023