UPC Opt Out Audit and Correction

The UPC has exclusive jurisdiction over patents registered as UPs. However, during the initial transitional period of seven years, classical EPs are subject to a dual jurisdiction of the UPC and the national courts of the designated member states. There is also the possibility to opt EPs out of the UPC’s jurisdiction during this period. Securing a valid opt out is critical for rightsholders who wish to remain in the traditional (state-by-state) European patent system. However, the opt out process is complex and the associated legal requirements/formalities are strict – errors made could result in an opt out being invalidated and the relevant patent applications, patents and SPCs falling within the jurisdiction of the UPC.

Fortunately, it is possible to correct opt out requests after they have been filed. Carpmaels & Ransford offers a full auditing service for rightsholders wishing to verify the status of opt out requests – whether in the context of their own opt outs, or third party opt outs. Carpmaels has worked closely with key UPC legislators and, having filed thousands of opt out requests, we are uniquely placed to audit opted out portfolios, advise on the validity of the opt outs and, if necessary, assist with the opt out correction process, all using our mixed teams of patent attorneys, litigators, and transactions specialists.

Please contact your usual Carpmaels contact for more information.