The Unified Patent Court

The UPC exclusively governs disputes concerning the Unitary Patent (and related SPCs). However, and importantly, it also has jurisdiction over existing and future classic European Patents subject to a right to opt out classic European Patents (and related SPCs) from the UPC’s jurisdiction for a transitional period. 

During this seven year transitional period (which may be extended for a further seven years), the UPC shares jurisdiction with relevant national courts over classic European Patents. During the transitional period, holders of existing classic European Patents (and ones granted during the transitional period, together with related SPCs) can opt those patents out of the UPC regime entirely, which will have effect for the life of the patent (see Opting out of the UPC). Significantly, however, they can potentially opt those patents back in again to the UPC in certain circumstances. 

This means that relevant national courts will continue to have jurisdiction over:

• National patents
• Classic European Patents designated in non-EU EPC states 
• Classic European Patents designated in EU states that do not ratify the UPC Agreement 
• Classic European Patents where the patentee has ‘opted-out’ of the UPC’s jurisdiction
• Classic European Patents during the transitional period, where national courts share non-exclusive jurisdiction with the UPC

The transitional arrangements for classic European Patents are particularly important as many holders of such patents have opted them out of the UPC, and may seek to opt them back in again where it is to their advantage e.g., if they wish to seek pan-EU relief (subject to the rules that apply when litigation has already been commenced in relation to a patent).

Holders of a Unitary Patent, or SPC based on a Unitary Patent, cannot opt out of the UPC at all.