Opt-out

Patent proprietors wishing to avoid the risk of central revocation of their classic European patents by the UPC can, for a transitional period of seven years (until May 31st, 2030), potentially prolonged with a further seven years, opt-out any of their granted EP patents and supplementary protection certificates (SPCs) from the UPC’s exclusive competence. The opt-out will stay in place for the whole lifetime of the patent or SPC. It is possible to withdraw any such opt-out at any time, unless an action has already been brought before a national court. It is also not possible to opt-out for a second time after an opt-out withdrawal. 

Applications for opt-out are lodged electronically with the UPC Registry, by all actual proprietors of the European patent in all EPC states. If these proprietors differ from those currently recorded in national patent registers, a declaration will be needed that the former are entitled to be recorded in the national patent registers.

If supplementary protection certificate(s) (SPC) have already been granted based on the European patent, the SPC holder(s) – if different from the patent proprietors – must apply for the opt-out together with the proprietors. Contrarily, an earlier opt-out of the patent automatically extends to its later issued SPCs.

We at De Clercq & Partners can assist you to lodge applications for opt-out.