The "Opt Out" and "Opt In" Provisions in the Unified Patent Court Agreement: Impact and Strategies for European Patent Portfolios

Timo Minssen, Björn Lundqvist

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningpeer review

Resumé

Many questions concerning the UPC’s jurisdiction during the transitional period for European Patents under Article 83 UPCA remain unsolved. Focusing on the “opt in” and “opt out” choices under Article 83 (3)–(4), this paper discusses
the legal nature and prerequisites of these provisions, as well as the options and strategic choices that patent proprietors and applicants are facing. Considering the pros and cons of the emerging unitary system in light of a persisting uncertainty of how to interpret relevant stipulations, it is emphasized that there will be no clear-cut solutions. Rather the suitability of each approach will have to be evaluated on a case-by-case basis, taking into account all circumstances surrounding an invention, its patent-claims and the underlying business strategy. Recognizing that the worst thing to do is to do nothing at all, we conclude with a summary and some general remarks.
OriginalsprogEngelsk
TidsskriftN I R
Vol/bind83
Udgave nummer4
Sider (fra-til)340-357
ISSN0027-6723
StatusUdgivet - 2014

Citer dette

@article{62bf54a68ad3489786271f45f4ffab7b,
title = "The {"}Opt Out{"} and {"}Opt In{"} Provisions in the Unified Patent Court Agreement: Impact and Strategies for European Patent Portfolios",
abstract = "Many questions concerning the UPC’s jurisdiction during the transitional period for European Patents under Article 83 UPCA remain unsolved. Focusing on the “opt in” and “opt out” choices under Article 83 (3)–(4), this paper discussesthe legal nature and prerequisites of these provisions, as well as the options and strategic choices that patent proprietors and applicants are facing. Considering the pros and cons of the emerging unitary system in light of a persisting uncertainty of how to interpret relevant stipulations, it is emphasized that there will be no clear-cut solutions. Rather the suitability of each approach will have to be evaluated on a case-by-case basis, taking into account all circumstances surrounding an invention, its patent-claims and the underlying business strategy. Recognizing that the worst thing to do is to do nothing at all, we conclude with a summary and some general remarks.",
author = "Timo Minssen and Bj{\"o}rn Lundqvist",
year = "2014",
language = "English",
volume = "83",
pages = "340--357",
journal = "N I R",
issn = "0027-6723",
publisher = "F{\"o}reningen f{\"o}r Nordiskt Immateriellt R{\"a}ttsskydd",
number = "4",

}

The "Opt Out" and "Opt In" Provisions in the Unified Patent Court Agreement : Impact and Strategies for European Patent Portfolios. / Minssen, Timo; Lundqvist, Björn.

I: N I R, Bind 83, Nr. 4, 2014, s. 340-357.

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningpeer review

TY - JOUR

T1 - The "Opt Out" and "Opt In" Provisions in the Unified Patent Court Agreement

T2 - Impact and Strategies for European Patent Portfolios

AU - Minssen, Timo

AU - Lundqvist, Björn

PY - 2014

Y1 - 2014

N2 - Many questions concerning the UPC’s jurisdiction during the transitional period for European Patents under Article 83 UPCA remain unsolved. Focusing on the “opt in” and “opt out” choices under Article 83 (3)–(4), this paper discussesthe legal nature and prerequisites of these provisions, as well as the options and strategic choices that patent proprietors and applicants are facing. Considering the pros and cons of the emerging unitary system in light of a persisting uncertainty of how to interpret relevant stipulations, it is emphasized that there will be no clear-cut solutions. Rather the suitability of each approach will have to be evaluated on a case-by-case basis, taking into account all circumstances surrounding an invention, its patent-claims and the underlying business strategy. Recognizing that the worst thing to do is to do nothing at all, we conclude with a summary and some general remarks.

AB - Many questions concerning the UPC’s jurisdiction during the transitional period for European Patents under Article 83 UPCA remain unsolved. Focusing on the “opt in” and “opt out” choices under Article 83 (3)–(4), this paper discussesthe legal nature and prerequisites of these provisions, as well as the options and strategic choices that patent proprietors and applicants are facing. Considering the pros and cons of the emerging unitary system in light of a persisting uncertainty of how to interpret relevant stipulations, it is emphasized that there will be no clear-cut solutions. Rather the suitability of each approach will have to be evaluated on a case-by-case basis, taking into account all circumstances surrounding an invention, its patent-claims and the underlying business strategy. Recognizing that the worst thing to do is to do nothing at all, we conclude with a summary and some general remarks.

M3 - Journal article

VL - 83

SP - 340

EP - 357

JO - N I R

JF - N I R

SN - 0027-6723

IS - 4

ER -