Strategic Considerations for Opting In or Out of the Unified Patent Court

By default, all European national patents granted by the EPO having effect in the countries participating in the Unified Patent Court are subject to the jurisdiction of the Court. Patent proprietors do, however, have the option to opt such patents out of the jurisdiction of the Court. It should be borne in mind that opt-outs are defensive in nature, as they protect such patents from being revoked in a single court action, whereas now any revocation actions would have to be brought on a country-by country basis. Provided that no national infringement or revocation proceedings have been brought with respect to patents which have been opted-out from the jurisdiction of the Court, a patent proprietor can revoke an opt-out and bring an infringement action in the Unified Patent Court at any time.