[Blog] European Unitary Patent and Opt-Out Strategy

Are you formulating an international patent strategy that involves the European market? The European Unified Patent will finally be launched on June 1, 2023!

After many years of efforts, a project for a unitary patent with a single effect across the entire European Union (EU) has become a reality, and all participating countries will fall under the jurisdiction of a single international court known as the Unified Patent Court (UPC). From the day the UPC begins operations, European patent holders will be able to apply for a unitary effect, allowing them to receive protection for their intellectual property rights in all participating countries. Conversely, a significant drawback is that limitations, transfers, cancellations, and waivers of rights will apply to all UPC member countries. However, European patent owners and applicants are allowed to opt out of the UPC's exclusive jurisdiction during a transitional period (initially 7 years, extendable up to 14 years). This option to opt out of UPC jurisdiction is called "opt-out" and remains valid throughout the duration of the European patent. If one does not opt out, there is a risk that a single lawsuit in the UPC could lead to the cancellation of the European patent, making the opt-out application a defensive strategy to prevent this. *For more details, please download the PDF or refer to the related links.*

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