Deadline for validating european patent

This means that cases will be heard in the language of the country where the court is based, or in English, German or French. The UPC also has the authority to deal with disputes regarding existing European (bundle) patents.

Will I always have to use a UP in the EU, or do I have a choice? At which point in the application process do I need to confirm my choice? When would it be beneficial to opt for a EP or national validation instead of a UP? If a European patent has already been validated in individual countries, can it still be converted to a UP? Are there any benefits to the UP if I only need patent protection in the Netherlands? Another difference is that the UPC is an independent international court, which is not subject to any other national.

The main difference is that UPC judgments on European patents will apply in all participating countries.

Does opting for a UP have any effect on judicial procedures for revocation or infringement? It is unclear what progress has been made as regards ratification in other countries. What are the main differences compared with the current system?

AAn opt-out (and opt-in) will have an effect on an exclusive licensee’s position, so they should certainly be informed.


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