The Transitional Regime: Opt-Out and Opt-In

The entry into force of the Unified Patent Court, on June 1, 2023, did not immediately shift all European patent litigation into its jurisdiction. A transitional regime, accompanied by an opt-out mechanism (and its counterpart, the opt-in), ensures a smooth transition.

Key point: all of this applies only to classic European patents (as well as corresponding applications and SPCs). The unitary patent, however, remains exclusively under the jurisdiction of the UPC: it cannot be withdrawn. The opt-out is, therefore, the flip side of the unitary choice: it is the option for those who wish to remain outside the new court.

• The transitional period and the sunrise period. The opt-out: exercise and effects. The opt-in: withdrawal of the opt-out.
• Stakes and strategy.