Can I prevent my traditional European patent (not a UP) from falling under the jurisdiction of the UPC? What is opting-out?

It is possible to remove a traditionally granted European patent from the jurisdiction of the UPC so that the national courts in the countries in which the European patent has been validated have sole jurisdiction.  This process is commonly referred to as “opt-out” (of the jurisdiction of the UPC).
 
It is possible to opt traditionally granted European patents out within a period of seven years from the coming into force of the UPC Agreement. Depending on how the performance of the UPC is judged at the end of this seven year period this period may be extended by a further seven years to 14 years.
 
When a traditionally granted European patent has been opted out it remains opted out for the remainder of its term unless the proprietor of the patent withdraws the opt-out (sometimes referred to as opting in). After withdrawal of an opt-out the default situation of shared jurisdiction between UPC and national courts is restored.
 
By opting-out patent proprietors prevent a situation in which a potential defendant dictates the jurisdiction in which patent litigation is to take place. Should a patent proprietor wish to use the UPC, say for infringement proceedings, but on a patent that has been opted-out then it will be possible to withdraw the opt-out prior to commencement of the proceedings. Opt-outs therefore preserve the flexibility for the patentee to choose the forum in which patent proceedings are fought.
 
It is commonly understood that, once an opt-out has been withdrawn it is not possible to opt the patent in question back out of the jurisdiction of the UPC. Opt-outs are therefore only possible once over the patent term.

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