When the UPC opens for business, unless they are opted-out, granted EPs will be subject to the jurisdiction of the UPC as well as the relevant national courts.
This will mean that you will be able to enforce your EPs in a single action across all Member States that have ratified the UPC and for which your patent is validated. It will also mean that an EP can be revoked in a single action brought before the UPC’s Central Division. This is in contrast to the current position where an EP is a bundle of national rights, each of which must be revoked in separate actions in the national courts. Because this is such a fundamental change to European patent litigation, for a transitional period of at least 7 years, you will be able to exercise an opt-out to take existing, pending and future EPs out of the jurisdiction of UPC for the lifetime of those patents. The opt-out allows patentees to maintain the current position, i.e., any litigation must be before the relevant national court. The Rules of Procedure allow for a “sunrise” period before the UPC system goes live, in order for patentees to opt-out their existing EPs from the UPC’s jurisdiction before the court opens its doors.