The Agreement on a Unified Patent Court

12The Unified Patent Court ("UPC") is a court common to all the contracting states party to the UPCA and thus part of their judicial system. It has exclusive competence in respect of Unitary Patents as well as in respect of conventional European patents validated in one or more of those states. The Unified Patent Court also has exclusive jurisdiction over all actions brought against decisions of the Unitary Patent Protection Division, though not those of the EPO Boards of Appeal (see Articles 32(1)(i) UPCA and Article 47(7) UPCA). The UPC provides proprietors with a means of avoiding the high costs, risk and complexity associated with multiple litigation in different jurisdictions. Its specialised and highly qualified judges (including technically qualified judges) establish harmonised case law and increase legal certainty.

13As regards conventional European patents, however, the UPC's exclusive competence is subject to exceptions for a transitional period of seven years, which may be prolonged by up to a further seven years. During this period, actions for infringement or revocation may still be brought before national courts (Article 83(1) UPCA). Moreover, proprietors of – or applicants for – a European patent granted or applied for before the end of this transitional period can opt out of the UPC's competence for their patent or application by notifying the Registry of the UPC (not the EPO) unless an action has already been brought before the UPC (Article 83(3) UPCA). Information on the opt-out status of a European patent can be found in the European Patent Register. The opt-out may be withdrawn at any time unless an action has already been brought before a national court (Article 83(4) UPCA). Please note however, that the possibility of opting out or bringing an action before a national court during the transitional period is not available for Unitary Patents.