The introduction of the European patent with unitary effect is accompanied by the creation of a unified court with exclusive competences to hear certain actions relating to this new type of patent and some other similar titles. For more information, follow this link
The transitional period and the Opt-Out
During a transitional period of (at least) seven years from the date of entry into force of the UPC agreement, an action for infringement or revocation of a European patent without unitary effect (or an SPC based on such patent) may still be brought, at the option of the claimant before the UPC or a national court.
The patent owner will be able to avoid the jurisdiction of the UPC, and in particular the possible invalidation of his patent for all UPC States by a single court decision, thanks to an “opt-out” to be filed as soon as possible. The benefit of the “opt-out” applies to the patent in question (and, if applicable, to the SPC based thereon) for its entire term of validity.
To find out more about how the “opt-out” mechanism works, its benefits and risks, and how to activate it, follow this link
What competences for the Unified Patent Court?
The forthcoming entry into force of the agreement establishing the Unified Patent Court (“UPC”) provides an opportunity to briefly examine :
- the main rules concerning the “material” competences of the UPC, e. the subject matter and nature of actions before this court. To find out more, follow this link
- the main rules that will determine the “internal” competences between the EU Member States parties to this agreement (“UPC States”). For more information, follow this link
- the main rules that will determine its “international” jurisdiction, e. in relation to EU Member States that have not ratified the UPC Agreement, and “third” (non-EU) States. For more information, follow this link