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Decisions for granted European Patents

For granted European Patents in force when the Unified Patent Court Agreement (UPCA) comes into force, it is necessary to decide whether or not to  “opt out” of the jurisdiction of the UPC. An opt out will last the entire lifetime of the patent, but it will only be possible to opt out of the UPC during an initial 7 year transition period.

The UPC will automatically share jurisdiction with national courts over national validations of European Patents (even those granted before the UPC becomes operational) unless you actively “opt out”. It will be possible to register opt outs before the UPCA comes into force, during the so-called “sunrise period”.

As shown in the example below, if no such “opt out” is filed, the UPC will share jurisdiction with the national courts in the countries in which the UPCA takes effect. However, this does not apply to all EPC countries. For example Spain (ES) is not participating in the UPC and the United Kingdom (GB), for example, is one of a number of EPC countries which are not member countries of the EU. As a result, jurisdiction for Spain and the United Kingdom and other non-participating countries remains solely with their national courts (no shading).

If an opt out is filed, jurisdiction for all of the validated countries remains solely with the national courts (see below).