European and Spanish patent

and trademark attorneys

The UPC will have exclusive jurisdiction regarding:

  1. “classic” European patents in the member states which have ratified the Agreement,
  2. unitary patents, and
  3. Supplementary Protection Certificates (SPC) based on the above patents.

However, during a transitional period it will be possible to avoid the competence of the UPC for a “classic” European patent opting it out of the system, provided that this patent has never been the subject of an action before the UPC. It will be possible to register opt-out before the system enters into force. The sunrise register is expected to start in Spring/Summer 2016.

It will also be possible to withdraw the opt-out (opt-in) at any time provided that this patent has never been the subject of an action before a national court. A second opt-out is not allowed.

There will be no fee for the registration of an opt-out or for the request of the withdrawal of the opt-out.