It is expected that the Unified Patent Court (UPC), the proposed common patent court in the EU, will be operational as of spring 2022. The UPC will provide an efficient forum for the enforcement of patents in Europe, ending the need for parallel litigation in different member states of the EU. It will also harmonize substantive patent law with regard to the scope and limitations of the rights conferred by the patent and the remedies for infringement. However, not all patents should be included in the UPC jurisdiction.
Our client alert, provides an explanation on which patents should be considered for the “opt-out” as well as an understanding of “opt-out” procedures.