The 'Opt Out' and 'Opt-In' Provisions in the Unified Patent Court Agreement -- Impact and Strategies for European Patent Portfolios

Nordic Intellectual Property Law Review (NIR), Issue 4, pp 340-357 (2014).

University of Copenhagen Faculty of Law Research Paper No. 2015-3

18 Pages Posted: 22 Apr 2015 Last revised: 8 Jul 2016

See all articles by Timo Minssen

Timo Minssen

University of Copenhagen - Centre for Advanced Studies in Biomedical Innovation Law (CeBIL) - Faculty of Law

Bjorn Lundqvist

Stockholm University - Faculty of Law

Date Written: October 10, 2014

Abstract

Many questions concerning the UPC’s jurisdiction during the transitional period for European Patents under Article 83 UPCA remain unsolved. Focusing on the “opt in” and “opt out” choices under Article 83 (3) & (4), this paper discusses the legal nature and prerequisites of these provisions, as well as the options and strategic choices that patent proprietors and applicants are facing. Considering the pros and cons of the emerging unitary system in light of a persisting uncertainty of how to interpret relevant stipulations, it is emphasized that there will be no clear-cut solutions. Rather the suitability of each approach will have to be evaluated on a case-by-case basis, taking into account all circumstances surrounding an invention, its patent-claims and the underlying business strategy. Recognizing that the worst thing to do is to do nothing at all, we conclude with a summary and some general remarks.

Keywords: Unitary patent, IPR, strategies, patent portfolios

Suggested Citation

Minssen, Timo and Lundqvist, Bjorn, The 'Opt Out' and 'Opt-In' Provisions in the Unified Patent Court Agreement -- Impact and Strategies for European Patent Portfolios (October 10, 2014). Nordic Intellectual Property Law Review (NIR), Issue 4, pp 340-357 (2014)., University of Copenhagen Faculty of Law Research Paper No. 2015-3, Available at SSRN: https://ssrn.com/abstract=2597165

Timo Minssen (Contact Author)

University of Copenhagen - Centre for Advanced Studies in Biomedical Innovation Law (CeBIL) - Faculty of Law ( email )

Karen Blixens Plads 16
Copenhagen, 2300
Denmark
+46 708 607517 (Phone)

HOME PAGE: http://jura.ku.dk/cebil/staff/profile/?pure=en/persons/381631

Bjorn Lundqvist

Stockholm University - Faculty of Law ( email )

S-106 91 Stockholm
Sweden

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