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UPC Opt-Out

To Opt Out or Not to Opt Out?

Unitary Patent and the UPC, or not?

Conservative 2-Step Patent Strategy

Step 1:
• Evaluate whether the respective patent or patent application is worth the effort at all.
• A patent that is not and will never be useful should be dumped as soon as identified to be so.
• This should be part of the annual house cleaning of each IP portfolio.
Step 2:

• Will it hurt you more if you lose your specific UP/EP patent for all UPC states in one single legal action, as compared with losing it state by state? 

Why Do I Need It?

The house cleaning can save you a lot of money in renewal fees (our guess is 50% of your total renewal fee expenditures).

You get a personal IP Rights Online Database that will help you to save money in the future, by:

  • Making the annual house cleaning very efficient
  • Providing your personal e-file for each IP right (patents, trademarks, design patents, invention disclosures, etc.)
  • Making payment of future renewal fees very efficient  

Choose the option for you:

Opt-Out Plan

No Opt-Out Plan

Status Check of Patent in the official registers

​Compiling and sending a list of rights and entitled owners to the person providing instructions

Chasing the person providing instructions for collecting formal agreements from all entitled owners

Update your personal IP Rights Online Database with the evidence for proof of filing
If you do not have one we will give you ours for free

Filing the Opt-Out application when all signatures are received


Get your questions answered.

Curious about our services? Find the questions to your answers here.

The opt-out is a provision that allows a patent owner to exclude their European patent or European patent application from the jurisdiction of the UPC. This means that the patent will only be subject to the jurisdiction of national courts, rather than the UPC, when it comes into effect.

An opt-out is required if a patent owner wishes to avoid the UPC for their European patent or European patent application. If no opt-out is filed, the patent will automatically fall under the the UPC.

An opt-out can be filed during the “sunrise period” and the “transitional period”. The sunrise period began on March 1, 2023, and the transitional period will last at least seven years after the UPC comes into effect. An opt-out cannot be filed if there is ongoing UPC litigation at the time of filing.

The opt-out will be effective for the lifetime of the European patent or patent application. However, it can be withdrawn once, unless there is ongoing national litigation.

Only the “true” proprietor(s) or applicant(s) is entitled to request an opt-out, and the request must be made through an online case management system. Co-owners must opt-out in agreement, and licensees are not entitled to opt-out.

The opt-out decision will depend on several factors, including the risk of central revocation in the UPC and the desire to influence UPC case law. Opting out everything may prevent UPC enforcement and provide limited opportunities for influencing UPC case law.

No. The UPC is only open to participation by EU member states. Participation further requires UPCA ratification. The UK was an EU member state and ratified the UPC agreement on April 26,2018. However, at the time of leaving the EU in 2020 “Brexit”, the UK also withdrew its UPCA ratification.

A Letter From Me

Addressed to:

– US Patent Attorneys 
– Law firms
– In-house Counsels

Good day, here is Martin Schweiger. I am a patent attorney in Singapore. Welcome to the landing page of the Sprint Patents. 

Martin Schweiger
Schweiger & Partners