As reported several times by this Newsletter, the next 1 June becomes officially operational (together with the system – optional – of the European Patent for the EU countries that have adhered to the relevant Regulation) also the Unified European Court (UPC) that instead optional is not at all and that – by virtue of a c.d. “Agreement” not completely transparent because not employed by the organs of the European Union according to the procedures provided for by this and not even in front of a specific diplomatic conference – will have jurisdiction over all European patents, both “ordinary” and “unitary”.
According to the same Agreement, European patent holders will, however, have the right, for a period of 7 years (extendable for a further 7 years) to exercise – before the UPC takes office – a right of c.d. “opt-out” to ensure that their European patents remain subject to national jurisdiction under the system in force to date.
It should also be noted that, contrary to what happens for all other transactions relating to European Patents, EPO has not provided for an automated online procedure to exercise the right to “opt-out”. Therefore, the interested parties (or their patent agents) are forced to operate manually on a case-by-case basis or – in the presence of more structured consultancies – to develop their own software in order to be able to proceed promptly on all patents (also in the light of the multiplicity of information that the EPO requests to provide simultaneously for each patent subject to “opt-out”). Therefore, European Patent holders who do not intend to subject their rights to the costly and risky unified jurisdiction of the UPC, must hurry to contact their consultants so that they can exercise their right to “opt-out”.
