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Guidance on UPC transitional arrangements issued, 18 June 2015

18/06/2015

As a result of the contentious of the Art. 83 transitional provisions, the Prepara-tory Committee has now issued some clarifications based on a set of questions and answers on the website of the Unified Patent Court. Unfortunately the set of questions and answers published by the Commission in December 2012 contradict the Preparatory Committees' position especially in number 14. As the answer to question 8 suggests, it also appears to be problematic, that with regard to the current version, the opt-out clause in Art. 83(3) ceases to have effect at the end of the transitional period rather than the opt-out being for the life of the patent.