UPC: First step – Opting-Out

The launch of the Unified Patent Court (UPC) has been waiting on Germany to formally ratify the UPC agreement.  That has now happened.

The court is set to begin operation on June 1, 2023.  Folks with European Patents will want to consider whether to file opt-outs for your patents (beginning March 1, 2023).  Some patentees with highly valuable patents will likely opt-out because the UPC rules allows competitors to challenge and invalidate the patents.  Unlike in the US IPR system, EPO opposition does not appear to create any estoppel against later UPC challenges.