UK secures free opt-out for UPC

The UK delegation of the preparatory committee for the Unified Patent Court (UPC) has secured a zero cost opt-out for the new system, the government has said.

According to the UK Intellectual Property Office (IPO), after “18 months of hard work” the UK delegation has secured the deal.

This means that companies with existing European patents will not have to pay to opt out of the new system.

The IPO said the issue of opt-out fees had been highlighted by businesses as one of the top priorities for the new court.

The IPO added that it had also agreed other “critical aspects” to ensure that the court is up and running in 2017, including support for small and medium-sized enterprises and the levels of recoverable costs.

Last year, WIPR’s sister publication LSIPR revealed that Aldgate Tower in London had been chosen as one of the central division’s seats and as a UK local division of the UPC.  The London-based central division will specifically hear pharma-related cases.

The IPO said construction is well underway to turn the tower into “a modern digital court”.

Andrea Brewster, president of the UK-based Chartered Institute of Patent Attorneys, said: “At CIPA we have been closely involved at all stages of the preparations … we are indebted to the IPO for consulting with us.

“As a result, we have been able to input valuable expertise, analysis and comment to ensure that IP users and their representatives have access to an efficient, effective patent-granting and enforcement system.”