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On 1 June 2023, the UPC agreement finally came into force.
While this was the conclusion of our race to take and action our clients’ instructions as to whether to opt-out of the UPC, less than two weeks into the life of the court we have already been catapulted into the heart of yet another enormous project.
Now that the court is live, any patent granted by the EPO that is nationally validated in the UPC territories and not opted-out of its jurisdiction can be attacked centrally in a UPC revocation action.
If such a claim is successful, it will be revoked across all 17 countries currently participating in the UPC in a single but highly effective action.
Many of our clients are already alive to the benefits of launching such actions. We have already filed a number of actions at the UPC, and we are receiving more enquires from our clients every day.
We will very shortly be launching a range of consultancy services aimed at creating, optimising, and delivering an effective UPC strategy. In the meantime, if you have any questions, please get in touch with your usual Potter Clarkson contact today.
