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ARTICLE · 31 AUGUST 2022

UPC Opt Outs: Portfolio Strategy

HLK
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We considered the factors which may help you decide whether to opt out an individual patent in our earlier blog. However, there is also a wider question of opt out strategy across your EP portfolio.

United KingdomIntellectual Property
Greg Sharp
Greg Sharp
Matthew Howell
Matthew Howell
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We considered the factors which may help you decide whether to opt out an individual patent in our earlier blog. However, there is also a wider question of opt out strategy across your EP portfolio.

There are three basic strategies available:

  1. Opt out all of your EP cases;
  2. Do NOT opt out any EP cases; or
  3. A hybrid approach, opting out selected cases.

A blanket strategy which is the same for every patent strategy will provide the opportunities and risks mentioned in our earlier blog universally across your entire European portfolio. However, there are other considerations will also be relevant when looking at portfolio-wide strategy, particularly if you are considering taking a hybrid approach to your opt-outs:

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