Interpretive Note released on the application of Article 83
January 29, 2014
With various viewpoints on the consequences of opting out of the UPC Agreement, on January 29, 2014 the Preparatory Committee issued an Interpretive Note
on the application of Article 83. There were questions on whether UPC or national law would apply if a European patent is opted out, in both the transitional and operational phase of the UPC. The Note states that if a European patent, patent application, or Supplementary Protection Certificate (SPC) is opted out through the application of Article 83, the court must apply national law. The same national law jurisdiction will apply to any patents, patent applications, and SPCs that opt out during the transitional period into the Unified Patent Court.