The Unified Patent Court (UPC) recently revoked a Sanofi-Aventis patent against Amgen, just 13 months after the case started. This quick decision underscores the need for patentees to consider their European validation strategies carefully.
Many US patentees don't realize that national parts of a European patent can be challenged before the UPC unless they file an opt-out request.
Opting out is a proactive way to prevent your intellectual property from a centralized attack by a competitor, thereby mitigating the broader impact of a negative UPC verdict and confining challenges to national courts instead. Plus, the patentee can always opt back in to pursue an infringement case if needed.
This particular case was initiated by the patentee, but third parties can also bring a revocation action to the UPC. It highlights the importance of being prepared and shows how swiftly decisions can be made.
Opting out is a key strategy to safeguard European patents against central revocation.
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