What are the arrangements for the transitional period (opt-out scheme and choice of forum) for the Unified Patent Court?

For a transitional period of seven years, which may be prolonged by up to a further seven years, the following options will be possible for litigation involving conventional European patents:

• Actions for infringement or for revocation may still be brought before national courts (Article 83(1) of the UPC Agreement (UPCA)).

A proprietor of or an applicant for a European patent granted or applied for before the end of the transitional period can opt out of the UPC's jurisdiction in respect of that European patent or application unless an action has already been brought before the UPC. To do this, they have to notify the opt-out to the Registry of the UPC. The opt-out takes effect upon its entry in the Register (Article 83(3) UPCA). The opt-out may be withdrawn at any time unless an action has already been brought before a national court (Article 83(4) UPCA). The submission of a request for unitary effect will be considered as a withdrawal of the opt-out before the UPC (Rule 5(9) of the UPC Rules of Procedure). It is important to note that the possibility of opting out or bringing an action before a national court during the transitional period is not available for Unitary Patents.

For more information, refer to the FAQ on the UPC website.