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According to the profile of the markets concerned, it may be recommended to take action before the EPO to delay the date of grant of a European Patent or file, in a timely manner, a divisional application, so as to obtain a date of grant later than the date of entry into force of the new system, and thus be able to request the Unitary effect of the European Patent.
Furthermore, as the jurisdiction of the Unified Patent Court will cover not only Unitary Patent but also possibly 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. Such a review should be made as soon as possible in order to file "opt-out" applications before the entry into force of the Unified Patent Court.
If you need more information or have any questions concerning your protection strategy in Europe, your contacts at REGIMBEAU are available.
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