The new Unified Patent Court (UPC) will be launched on 1 June 2023 – so there is just one month left to file opt out requests during safe  sunrise period.  The Sunrise period, which allows holders of  published European patent applications (EPP) and granted European patents (EP) to request Opt-out (i.e. to remove from the jurisdiction of UPC), started on 2023 March 1st and will end on 31 May, 2023. Currently 40 000 opt out requests have been filed.

A request to remove off the jurisdiction of the Unified Patent Court can also be filed later (during all transitional period which will last seven years but may be prolonged with a further seven years), but only when no proceedings have yet begun before the Unified Patent Court. If a patent case has already started before the Unified Patent Court, the owner can no longer opt out of the jurisdiction of the UPC.

If an opt-out has been requested for a European patent application, the opt-out will continue to apply to the relevant European patent, once granted. Once opt out request registered by the UPC Registry, it will be effective for the lifetime of the European patent. Applicant still has a chance to change his mind, and to withdraw his opt-out, if no proceedings have been initiated in any national court.

We strongly advise owners not to wait until the last two weeks of the sunrise period. Our European patent attorneys, patent attorneys, and lawyers experienced in prosecution and litigation are ready to help regarding opt-out requests or any other UP/UPC service.