Earlier this month, MaxVal reviewed the portfolios of top patent filers to better understand UPC opt-out trends. Specifically, MaxVal evaluated top patent filers across several technology areas, including consumer goods, chemistry, mechanical engineering, electrical engineering and instruments to identify the rate at which companies are choosing to opt-out of the Unified Patent Court (UPC). At the beginning of May, we had concluded that of 1.92 million patent families with at least one granted patent or pending application in Europe, on average, 2.20% have been opted-out of the UPC.
With the UPC Opt-Out Sunrise Period ending on May 31st, the numbers of granted or pending applications which have opted-out have jumped considerably. Our research now shows that, on average, 11.27% have been opted-out of the UPC. And it’s worth noting that this number may be even higher as there is a lag in the publication of data.
When evaluating opt-out rates by broad technology area, our research uncovered the following:
· Consumer Goods – opt-out rate of 12.41%
· Chemistry – opt-out rate of 12.29%
· Mechanical engineering – opt-out rate of 11.64%
· Electrical engineering – opt-out rate of 10.83%
· Instruments – opt-out rate of 10.36%
To opt-out, the patent owner or applicant must file a request with the Registry of the UPC. In cases of joint ownership, all owners or applicants must agree to opt-out. If the specific guidelines for opting-out are not followed, then the patent will remain under the jurisdiction of the UPC.
And as always, if you need assistance with the UPC opt-out process, please reach us at sales@maxval.com. We’re here to help.
Last updated as of 28th August 2023.
