This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.
The Preparatory Committee’s consultation document sets the proposed “opt-out” fee at €80 per patent. The same fee applies to a subsequent withdrawal of an opt-out. This fee is not intended to generate profit and is intended to cover administrative costs only. Although the fee is per patent and not per designation, patentees with large portfolios will need to evaluate the cost of excluding their patents from the jurisdiction of the UPC in light of the value of the patents in question. The Preparatory Committee has not given any indication that the fee may be reduced for bulk opt-outs (or withdrawals of opt-outs).