Establishment of the patent with unitary effect and the unified patent jurisdiction
"Further to our previous communication on this subject, we would like to inform you that certain provisions related to the uptake of patents with unitary effect (UP) and the Unified Patent Court (UPC) are already potentially applicable to your European patents or European patent applications currently in force."
Two courts with jurisdiction during a transitional period
Thus, during a transitional period initially set at 7 years, two jurisdictions are competent to judge validity and infringement:
- The Unified Patent Court (UPC) (except in the case of an opt-out)
- The national jurisdiction of each state.
This means that even when filed under the old system, your patent can be subject to a central attack (invalidation) before the UPC. This can be a disadvantage.
It can also be the basis for a centralized action (infringement action against a third party) that you would pursue. This can be an advantage.
How to remove the jurisdiction from the JUB?
It is possible to remove this competence from the Unified Patent Court (UPC) by filing an opt-out.
If you wish us to perform such a procedure, please inform us.
We have until 31 May to file an opt-out. We can withdraw it after having submitted it.