Unified Patent Court
A single patent court for Member States of the European Union
Please note that the option to file an opt-out is not yet available and any link to the Court’s Case Management System (CMS) on this page will lead you to the CMS as a test site*.
The possibility to file an opt-out will be available as of the start of the sunrise period which will begin after Germany has deposited its ratification instrument for the Agreement on a Unified Patent Court (UPCA). This sunrise period will extend over a period of three months before the entry into force of the UPCA. The opt-out will become effective on the date of entry into force of the Agreement.
According to Article 83(3) UPCA, applicants for and proprietors of a "classic" European patent, as well as holders of a supplementary protection certificate (SPC) issued for a product protected by a “classic” European patent, can opt-out their application, patent or SPC from the exclusive competence of the Court. As a result, the UPC will have no jurisdiction concerning any litigation related to this application, patent or SPC.
The following conditions must be met for a valid opt-out or a withdrawal of an unauthorised opt-out pursuant to Rule 5 and 5A of the Rules of Procedure of the UPC:
You can find extensive guidance on the application to opt-out in the CMS.
Please note that it is not possible to opt-out a Unitary Patent from the UPC’s competence.
For multiple and automatic opt-outs an application programming interface (API) will be available to communicate directly and in a secure way with the CMS.
It is also possible to correct an opt-out or to withdraw an opt-out, or to file an application to remove an unauthorised opt-out or unauthorised withdrawal of an opt-out. An opt-out can be withdrawn anytime as long as no action has been brought before a national Court in respect of the application, patent or SPC subject to the opt-out.
You can find more information on opt outs in the opt-out guidance on the CMS.
* Please note that the CMS is currently a test site which allows you to see the process of how to lodge an application to opt out a patent. When the sunrise period is imminent, all applications lodged on the CMS as a test site will be deleted. This means you must then still lodge your application for the opt-out to eventually become effective.