UPC: Confirmation that Opting Out is Planned to Start Sept. 2017

By: Francesca Giovannini


The Unified Patent Court (UPC) Preparatory Committee met in The Hague on 15 March 2017 and confirmed that, as previously announced, opting out European patents and applications before the UPC becomes operational is scheduled to begin in September 2017.

The UPC Preparatory Committee also confirmed that the planned entry into force of the UPC Agreement and operation of the Unified Patent Court may be December, 2017.

According to this plan, Proprietors of European patents and Applicants of European patent applications should decide which patents/applications should be preserved from the validity challenges offered to third parties under the UPC Agreement and thus should be opted out, and which patents/applications could be instead suitable to be enforced under the UPC Agreement and thus should not be opted out.