Opt-out Guide

  • How the guide works

    Play around with the disc and familiarize yourself with the UPC opt-out mechanism and how opting-out influences the court to go to. We have identified three important time periods – before, during and after the transitional period. The disc allows the user to visualize the potential impact of an opt-out for a traditional EP, and compare it with non-opted-out EP’s. The tool is also applicable to national patents (granted by the various national patent offices throughout Europe).

    Notes for easy use:

    • EP = (traditional) European Patent (extends also to a supplementary protection certificate based on such European Patent)
    • EP in = European Patent for which no opt-out was declared
    • EP out = European Patent for which an opt-out was declared
    • UP = Unitary Patent
    • UPC = Unified Patent Court
    • NP = National Patent
    • EPO = European Patent Office
    • Transitional Period = 7-14 years, starting with entry into force of the UPC
    • Opt-out effective upon entry into force of UPC, but may be declared before (sunrise period)
    • Opt-out may be withdrawn – this is not visualized
    • This is a simplified graphic that is not intended to be understood as legal advice

For further information on the Unitary Patent (UP), the Unified Patent Court (UPC) and strategic considerations around the possibility to declare opt-out, see our UPC-hub.