Camille Pecnard participated in a round table on the unitary patent and the JUB for the Lettre des Juristes d’Affaires (LJA) which resulted in an article in their magazine.
What does « opt-out » mean?
Opt-out is a request to withdraw a European patent or a published application from the jurisdiction of the Unified Patent Court (UPC).
From 1 January 2023, the period for early uptake of the Unitary Patent begins and related official forms are available on the EPO website. The Unitary Patent system is expected to enter into force on 1 June 2023, when the Unified Patent Court (UPC) should also come into operation, heralding a new era for patent protection in Europe.
Camille Pecnard and Damien Colombié co-authored an article on the UPC and the unitary patent published this week in the Lettre des Juristes d’Affaires (LJA).
They discuss the impacts on IP rights and the points to identify in order to anticipate the strategy to adopt.
To read the full article from the Lettre des Juristes d’Affaires, click here.
With the entry into force of the unitary patent, the unified patent court (UPC) and the associated transitional provisions, it will be possible to escape the competence of the UPC for European published applications and patents without unitary effect (OPT OUT), by the filing of a declaration made by the effective Applicant/Patentee, before the start of proceedings.