According to the profile of the markets concerned, it may be recommended to take action before the EPO to delay the date of issue of a European Patent or file, in a timely manner, a divisional application, so as to obtain an issue date of 2017 or later, an essential requirement to request a Unitary Patent.
Furthermore, as the jurisdiction of the Unified Court for Unitary Patents may be extended to cover all European Patents (exclusive at the end of the transitional 7 year period), and in order to avoid the risk of titles being subject to a single jurisdiction a strategy of national filings may be considered.
We recommend reviewing your patent portfolio as soon as possible to decide which European Patents and European Patent applications should waive the exclusive jurisdiction of the Unified Patent Court. Preferably, such a review should be made by autumn 2016 in order to file "opt-out" applications before the entry into force of the Unified Patent Jurisdiction.
If you need more information or have any questions concerning your protection strategy in Europe, your contacts at REGIMBEAU are available.