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The ”opt out” and “opt in” provisions in the Unified Patent Court Agreement – Impact and strategies for European patent portfolios

Minssen, Timo LU and Lundqvist, Björn LU (2014) In NIR: Nordiskt immateriellt rättsskydd 83(4). p.340-357
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 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,... (More)
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. (Less)
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author
and
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Patent law, Unitary patent, IP strategy, patent prosecution, patent litigation, Immaterialrätt
in
NIR: Nordiskt immateriellt rättsskydd
volume
83
issue
4
pages
18 pages
publisher
Föreningen för Nordiskt Immateriellt Rättsskydd
ISSN
0027-6723
language
English
LU publication?
yes
id
0e701105-61b7-45b2-8808-d9ec0792d8d5
date added to LUP
2020-12-16 14:07:56
date last changed
2020-12-29 10:23:06
@article{0e701105-61b7-45b2-8808-d9ec0792d8d5,
  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 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.},
  author       = {Minssen, Timo and Lundqvist, Björn},
  issn         = {0027-6723},
  language     = {eng},
  number       = {4},
  pages        = {340--357},
  publisher    = {Föreningen för Nordiskt Immateriellt Rättsskydd},
  series       = {NIR: Nordiskt immateriellt rättsskydd},
  title        = {The ”opt out” and “opt in” provisions in the Unified Patent Court Agreement – Impact and strategies for European patent portfolios},
  volume       = {83},
  year         = {2014},
}