Unified Patent Court
A single patent court for Member States of the European Union
According to Article 83(3) of the Agreement on a Unified Patent Court (UPCA), applicants for and proprietors of a “classic” European patent, as well as holders of a supplementary protection certificate (SPC) issued for a product protected by a “classic” European patent, can opt out their application, patent or SPC from the exclusive competence of the Court. As a result, the UPC will have no jurisdiction concerning any litigation related to this application, patent or SPC.
Please note that it is not possible to opt out a Unitary Patent from the UPC’s competence.
The following conditions must be met for a valid opt-out:
For multiple and automatic opt-outs an application programming interface (API) will be available to communicate directly and in a secure way with the CMS.
It is also possible to correct an opt-out or to withdraw an opt-out, or to file an application to remove an unauthorised application to opt out or unauthorised withdrawal of an opt-out. An opt-out can be withdrawn anytime as long as no action has been brought before a national court in respect of the application, patent or SPC subject to the opt-out.
You can find more information on opt outs in the opt-out guidance.