For the European patent applications ready to be granted, it is possible to take action before the EPO to delay the date of grant, to a grant date later than the date of entry into force of this new system and thus be able to request the unitary effect of the European patent. It is also possible to request the unitary effect in advance.
Given the possible jurisdiction of the Unified Patent Court not only for patents with unitary effect, but also for all European patents (a jurisdiction which will become exclusive at the end of a 7-year transitional period), a strategy of national filings may be considered in order to avoid the risk of subjecting titles to the decision of a single court.
We also recommend that you review your patent portfolio to decide as soon as possible which European patents and which European patent applications should be exempted from the exclusive jurisdiction of the Unified Patent Court. This possibility to opt-out is possible since 1 March 2023, and such a review should thus be done as soon as possible so as to be able to file opt-out applications before the entry into force of the Unified Patent Court.
If you need further information, or if you have any questions regarding your protection strategies in Europe, REGIMBEAU’s contact persons are at your disposal!