Overview UP and UPC
Patents/ Utility Models
The opt-out is relevant for classic EP patents and EP patent applications. By an opt-out, these IP rights can be withdrawn from the jurisdiction of the UPC. Central invalidity attacks, but also centrally conducted infringement proceedings are not possible then. After an opt-out, the classic EP patent can only be litigated on a country-by-country basis before national courts, e.g. in Germany before a competent district court and the Federal Patent Court in Munich.
The opt-out is a declaration that the patent owner can make at any time, but only until the end of a seven-year transitional period. After the transitional period, which may be extended by a maximum of another seven years depending on initial experience with the new system, an opt-out will no longer be possible, i.e. all EP patents granted thereafter will be litigated exclusively before the UPC as far as the participating EU member states are concerned.
Moreover, an opt-out can no longer be declared once a dispute (infringement and/or invalidity) concerning the EP patent has been brought before the UPC.
An opt-out declaration can be reversed once by the patentee withdrawing the previous declaration, so-called opt-in. After an opt-in, the EP patent is under the jurisdiction of the UPC as before.
As can be seen, a variety of tactical and strategic options open up.
„Patent Filing – Germany 2023“
We are very pleased that WITTEWELLER has again been recognized as one of the leading patent law firms in the “Patent Filing Germany 2023” area in 2023.
The business magazine Handelsblatt honours WITTEWELLER as "Best Lawyers" in Intellectual Property for 2023, singling out partners Dr Volker Heuckeroth, Stephan Keck, Christian Steil and Mark Wegener in particular.
View RankingThe Financial Times ranks WITTEWELLER as one of the leading European patent law firms in 2023. In the ranking, WITTEWELLER is particularly distinguished in the category "Electrical Engineering and Physics".
View RankingOnce again in 2022 the business newspaper Handelsblatt names crown WITTEWELLER ‘Germany’s best lawyers’ in the field of industrial property rights.
View Ranking„Patent Filing – Germany 2022“
WITTEWELLER was once again hailed as one of the leading patent law firms in the category ‘Patent Filing Germany’ by specialist publisher JUVE in 2022.
Business magazine the Financial Times ranks WITTEWELLER as one of ‘Europe‘s Leading Patent Law Firms 2022’.
View RankingNews magazine FOCUS recommends WITTEWELLER – as it did the previous year – as one of the leading law firms for patent law in 2022 in its annual ranking of Germany’s corporate law firms. We are delighted with the result and take particular pleasure in the fact that, once again, our firm has succeeded in achieving an above-average approval rating among clients.
In 2021, WITTEWELLER was again recognised by the Handelsblatt as "Germany’s BEST attorneys" in the field of industrial property rights.
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"Patent Filing – Germany 2021"
In 2021, WITTEWELLER was recognised by JUVE as one of the leading patent law firms in the category "Patent Filing Germany 2021".
WITTWELLER was listed as a top patent law firm in 2021 in the FOCUS list of leading commercial law firms.
In 2020, WITTEWELLER was recognised by the Handelsblatt as "Germany’s BEST attorneys" in the field of industrial property rights. On this occasion, the Handelsblatt gave a special mention to the WITTEWELLER attorneys Dr Volker Heuckeroth, Stephan Keck and Mark Wegener.
View ranking"Patent Filing – Germany 2020"
In 2020, WITTEWELLER was recognised by JUVE as one of the leading patent law firms in the category "Patent Filing Germany 2020".
The WirtschaftsWoche ranks WITTEWELLER among the top law firms in patent law. In the ranking for 2020, Dr Gabriele Laufer is singled out as a particularly recommended attorney.
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