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Preparing for the UPC

When the unitary patent system comes into effect, European patents granted before the start of the new system will automatically fall within the jurisdiction of a newly established Unified Patent Court (UPC), unless they are opted out. As there are many things to be taken into consideration and a number of decisions to make, we recommend that you make your preparations in due time. AWA suggest the following process for preparing and for drawing up and implementing a UPC action plan.

Pre-analysis meeting (free of charge)

A meeting during which you get to understand the basics of the new patent system and we get to know your patent portfolio. We discuss what is important in your technical field, what drives your business – and that of your competitor(s). The meeting is free of charge and may well provide you with sufficient advice on what actions to take.


This step includes an in-depth analysis of the patent portfolio based on the findings from the pre-analysis meeting. It may comprise a recommendation/decision about whether to opt in or opt out for each and every patent and patent application, or it may focus on a higher level, e.g. on a product or project basis. A strategy could be formed for which inven-tions to request unitary effect and for which to use classical validations.


The results of the analyses are implemented. This will give you confidence in knowing how to act in the future and you and your patent portfolio are prepared for the start of the new patent system.