{"id":34656,"date":"2022-09-28T10:16:13","date_gmt":"2022-09-28T08:16:13","guid":{"rendered":"https:\/\/www.studiotorta.com\/the-opt-out-in-light-of-the-latest-amendments-to-the-rules-of-procedure-of-the-unified-patent-court-2\/"},"modified":"2023-01-03T16:29:00","modified_gmt":"2023-01-03T15:29:00","slug":"the-opt-out-in-light-of-the-latest-amendments-to-the-rules-of-procedure-of-the-unified-patent-court-2","status":"publish","type":"post","link":"https:\/\/www.studiotorta.com\/en\/the-opt-out-in-light-of-the-latest-amendments-to-the-rules-of-procedure-of-the-unified-patent-court-2\/","title":{"rendered":"The OPT-OUT in light of the latest amendments to the rules of procedure of the Unified Patent Court"},"content":{"rendered":"

The Unitary Patent and Unified Patent Court (UPC) is expected to enter into force in the spring of 2023 and will be preceded by the so-called \u201csunrise period\u201d, <\/em>a period of at least three months during which it will be possible to massively file opt-out<\/em> applications for granted European patents and pending European patent applications before the Court becomes operational.<\/p>\n

In view of the currently foreseen timeframe, it is advisable for those who intend to remove their EP patent rights from the jurisdiction of the UPC to initiate the necessary checks and take the necessary steps in order to meet the requirements for effectively opt-out<\/em> applications, and be ready to file opt-out<\/em> at the beginning of the sunrise period<\/em>.<\/p>\n

On 8 July 2022, the Administrative Committee formally adopted the revised Rules of Procedure of the UPC.<\/p>\n

This final version clarifies that the opt-out<\/em> must be signed by all owners\/applicants for all states for which the patent was granted or designated in the patent application.<\/p>\n

It follows that, where patent titles have different owners in different EPC countries, it will be necessary for all owners to agree and file an opt-out<\/em> application or, vice versa, to revoke the opt-out<\/em> (opt-in<\/em>). In particular, also the owners of national rights deriving from the European patent in non-EU countries will have to take an active part together with the other owners in requesting the opt-out.<\/em><\/p>\n

As a reminder, the requirements for the opt-out<\/em> to be effective in removing the patent from the exclusive jurisdiction of the Unified Patent Court are as follows:<\/p>\n