Unitary Patent, UPC and opting out: some guidance
The European Unitary Patent (EUP) and Unified Patent Court (UPC) are expected to be available in December 2017 onwards. There are several important considerations for European patent holders before this date. We provide three information sheets to help patent holders make these important decisions.
The three information sheets cover:
Each information sheet sets out briefly how each system will work and our view of some of the possible advantages and disadvantages.
In particular, holders of European patents and patent applications will want to consider at this stage:
i) Do we want to delay grant of our European patent applications to allow the option to request an EUP? And
ii) Do we want to opt out of the jurisdiction of the UPC for our granted European patents?
The second point is particularly important because all European patents that are currently in force will automatically fall under the jurisdiction of the UPC when the UPC starts. As a result, central invalidity/revocation proceedings can be initiated in the UPC against all existing European patents. The patent proprietor must actively opt out of the jurisdiction of the UPC if the proprietor does not wish to fall under the jurisdiction of the UPC.
Please contact your normal Mewburn contact for more information.