What are the consequences of an opt-out?

§. Once an opt-out has been notified to the UPC registry and registered:

  •  If it was granted for a European patent application, the opt-out will automatically apply to the European patent in question.
  • The opt-out will be valid in all Contracting Member States where this patent produces legal effects. There is no need to notify the opt-out separately for the relevant Contracting Member States.
  • The opt-out will last for the whole life of the patent. It will not be limited to the length of the transitional period.
  • The proprietor can withdraw the opt-out at any time and decide to opt back in. This opt-in will then be definitive: the patent proprietor will not be able to opt out its European patent again.


It must be noted that opting out will not be possible if an action is already pending before the UPC.