The UPC will have exclusive jurisdiction regarding:
- “classic” European patents in the member states which have ratified the Agreement,
- unitary patents, and
- 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.