The new UP System is expected to start on 1 June 2023. Therefore, the UPC Agreement provides that patent owners, as well as complementary protection certificates (CCP), that were granted before the UP became effective, (or “classic” patents), can exclude the exclusive competence of the UPC (opt-out).
Patent holders can opt-out starting 3 months before the UPs entry into force. Although the opt-out can be filed during the UP transitory period, which is 7 years, it is recommended it be submitted during these 3 months given the fact that if a process is initiated before the UPC, after its entry into force, the possibility of accessing said exclusion will be lost.
