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

Research output: Contribution to journalJournal articleResearchpeer-review

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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; Lundqvist, Björn.

In: N I R, Vol. 4, 2014, p. 340-357.

Research output: Contribution to journalJournal articleResearchpeer-review

Harvard

Minssen, T & Lundqvist, B 2014, 'The ”opt out” and “opt in” provisions in the Unified Patent Court Agreement – Impact and strategies for European patent portfolios', N I R, vol. 4, pp. 340-357.

APA

Minssen, T., & Lundqvist, B. (2014). The ”opt out” and “opt in” provisions in the Unified Patent Court Agreement – Impact and strategies for European patent portfolios. N I R, 4, 340-357.

Vancouver

Minssen T, Lundqvist B. The ”opt out” and “opt in” provisions in the Unified Patent Court Agreement – Impact and strategies for European patent portfolios. N I R. 2014;4:340-357.

Author

Minssen, Timo ; Lundqvist, Björn. / The ”opt out” and “opt in” provisions in the Unified Patent Court Agreement – Impact and strategies for European patent portfolios. In: N I R. 2014 ; Vol. 4. pp. 340-357.

Bibtex

@article{932f1f3a33544220a4b84e7ffbbaaaa8,
title = "The ”opt out” and “opt in” provisions in the Unified Patent Court Agreement – Impact and strategies for European patent portfolios",
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.",
keywords = "Faculty of Law, Unitary patent, IP strategy, patent prosecution, patent litigation",
author = "Timo Minssen and Bj{\"o}rn Lundqvist",
year = "2014",
language = "English",
volume = "4",
pages = "340--357",
journal = "N I R",
issn = "0027-6723",
publisher = "F{\"o}reningen f{\"o}r Nordiskt Immateriellt R{\"a}ttsskydd",

}

RIS

TY - JOUR

T1 - The ”opt out” and “opt in” provisions in the Unified Patent Court Agreement – Impact and strategies for European patent portfolios

AU - Minssen, Timo

AU - Lundqvist, Björn

PY - 2014

Y1 - 2014

N2 - 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.

AB - 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.

KW - Faculty of Law

KW - Unitary patent, IP strategy, patent prosecution, patent litigation

M3 - Journal article

VL - 4

SP - 340

EP - 357

JO - N I R

JF - N I R

SN - 0027-6723

ER -

ID: 122978422