UPC CoA, 4 June 2024: Opt out must be by all proprietors of all national parts of a European patent
05-06-2024 Print this page
Opt out must be by all proprietors of all national parts of a European patent (Article 83(3) UPCA).
The object and purpose of Art. 83(3) UPCA make clear that the opt out Application must be lodged by or on behalf of all proprietors of all national parts if there are more validations.
The legislator has expressly chosen that, as a default position, there is an automatic transition into the jurisdiction of the UPC and that the status quo prior to the establishment of the UPC is not maintained.
The interpretation, whereby all proprietors of all national parts must file the opt out Application, is in accordance with the default position chosen by the legislator. If not all proprietors of all national parts of an European patent file the opt out Application, the ‘default position’ stays in place.
