Patents/ Utility Models
There are basically two decisions to be made. A first decision concerns whether to expose existing and future EP patents to the new unitary court system. A second decision concerns whether to take advantage of the new Unitary Patent system. The first decision is characterized by procedural aspects. In principle, the UPC is the competent court for all EP patents in the participating EU member states. However, the patent owner can avoid jurisdiction of the UPC for classic EP patents by declaring an opt-out. In this case, only the national courts have jurisdiction, as before. For advantages and disadvantages click here.
The second decision is mainly characterized by financial and administrative aspects. For advantages and disadvantages click here.