The Unified Patent Court’s Opt-Out Option – A General Introduction

Abstract

Abstract With the entry into force of the Agreement on a Unified Patent Court (UPCA) on 1 June 2023, a common patent court will be created for 17 Member States of the European Union. It will be competent for disputes concerning the infringement and revocation of Unitary Patents and classic European patents. At the request of the users, a so-called opt-out mechanism was introduced, which allows the jurisdiction of the Court to be excluded by a corresponding notification. Such opt-outs can be filed via the Court’s case management system as of the start of the ‘sunrise period’ on 1 March 2023. This article provides a first general practical overview concerning the recording of such notifications.***