IP Cases & Articles

Unified Patent Court bulk 'opt-out' available

Following the news last week that there will be no opt-out fee, patent proprietors should also be pleased to learn that it will be possible to opt-out conventional European "bundle" patents from the Unified Patent Court (UPC) regime in bulk.

Unified Patent Court basket capability for opting-out multiple patents

The most recent update on the UPC case management system reports the availability of a "basket capability" for opting-out multiple patents. This will allow more than one patent to be opted out of the UPC at one time, and reduce the administrative burden on proprietors (especially those with large portfolios) who may wish to exercise the right to do so.

The opt-out is expected to be available during the provisional application period of the UPC, which will last in the region of six months or so before the court formally begins operation.

Precise timing for the commencement of the provisional application period is a little unclear at the moment but is likely to be in the second half of 2016.