The ”opt out” and “opt in” provisions in the Unified Patent Court Agreement – Impact and strategies for European patent portfolios

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Timo Minssen, Björn Lundqvist

Many questions concerning the UPC’s jurisdiction during the transitional period for European Patents under Article 83 UPCA remain unsolved. Focusing on the “opt in” and “opt out” choices under Article 83 (3) & (4), this paper discusses the legal nature and prerequisites of these provisions, as well as the options and strategic choices that patent proprietors and applicants are facing. Considering the pros and cons of the emerging unitary system in light of a persisting uncertainty of how to interpret relevant stipulations, it is emphasized that there will be no clear-cut solutions. Rather the suitability of each approach will have to be evaluated on a case-by-case basis, taking into account all circumstances surrounding an invention, its patent-claims and the underlying business strategy. Recognizing that the worst thing to do is to do nothing at all, we conclude with a summary and some general remarks.
Original languageEnglish
JournalN I R
Volume4
Pages (from-to)340-357
Number of pages18
ISSN0027-6723
Publication statusPublished - 2014

    Research areas

  • The Faculty of Law - Unitary patent, IP strategy, patent prosecution, patent litigation

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