How Early Should You Opt Out To Avoid The UPC?

The answer? In short – in light of recent case law, as early as possible to ensure a valid opt out.

The decision whether to opt a European patent or patent application out of the jurisdiction of the Unified Patent Court (UPC) is now a routine consideration for many patent owners. For many applicants, the UPC is an attractive forum offering significant advantages, including the possibility of obtaining pan-European relief through a single action. However, for those whose strategy does not involve the UPC during the transitional period or are still cautious about the UPC, and therefore wish to opt out, the timing of filing that opt out is equally important.

Background
Under the UPC Agreement, proprietors of European patents and applicants for European patent applications may opt out of the UPC’s jurisdiction during the transitional period (which unless extended will end in mid-2030), provided that no action has already been brought before the UPC in relation to the relevant patent