We recently discussed under which circumstances it might be advisable to declare an opt-out for existing European patents. However, there may be also good reasons not to declare an opt-out for your existing European patents....more
The option to "opt-out" from the new UPC system gives patent owners the opportunity to declare, according to Art. 83(3) UPCA, that the UPC shall not have competence for litigations concerning a European patent. If an...more
11/8/2022
/ EU ,
European Patent Office ,
Intellectual Property Protection ,
Member State ,
Opt-Outs ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Oppositions ,
Patents ,
Revocation ,
Unified Patent Court
With the introduction of the European Patent with unitary effect (Unitary Patent) and the Unified Patent Court (UPC), the question arises whether the use of this new system makes economic sense for patent owners. Patent...more
The new Unified Patent Court (UPC) has been established by virtue of the Agreement on a Unified Patent Court (the "UPCA"). The UPC will be a court of all participating EU Member States, which will have exclusive competence to...more
In 2016, proposals crystalized that will bring significant changes to the European Union (EU) patent system and the patent litigation system. Despite the Brexit, the United Kingdom (UK) has announced that it too will ratify...more