The Unitary Patent System marks the most significant shift in European patent law in the past 50 years; it will create a single approach to patent prosecution and litigation across 17 participating EU member states, with additional member states expected to join in the future.
If you are responsible for managing patent holdings in Europe, it is imperative that you understand the implications of the new Unitary Patent System and incorporate them into any existing or new patent strategies you may be planning. The new system will have significant implications in the areas of validation, renewals, translations, and litigation.
Once the changes come into effect on June 1, 2023, all current European rights, in member states, will be subject to the UPC and national courts.
According to the UPC Agreement, organizations can Opt-Out from the UPC as long as no action has been brought before the UPC or a national court in respect of those patents. The Opt-Out is effective for the life of the patent, but it can be withdrawn at any time, unless a national litigation has been commenced. The Opt-Out procedure is available during the first seven years of the UPC’s operation, which is called the transitional period
Organizations may choose to Opt-Out of the UPC (Unified Patent Court) for a number of reasons including legal strategy, financial considerations, and geographic footprint.
Symphony, MaxVal’s flagship IP management system, is fully integrated with the UPC. With Symphony, users can track Unitary Patent decisions and awarded patents. They can also use a UPC case management utility to file Opt-Outs (and withdrawal of Opt-Outs) with ease.
Additionally, our services team is available to manage all administrative tasks associated with Opting-Out of the UPC.
In Need of UPC Opt-Out Help? Contact Us Today.
