European Patent Litigators Association

UPC is preparing for the CMS-Worst-Case-Scenario

UWith respect to ongoing performance issues of the CMS system, the UPC has released a communication on a Worst Case Scenario concerning the filing of Opt-Out requests.

Indeed, under such extraordinary circumstances the UPC will allow the filing of Opt-Out requests in form of a “hard copy”.

In a nutshell, the following points appear to be most remarkable in this context for every practitioner:

  • The UPC will allow such “hard copy” filing only after a corresponding notification by the UPC on its website that the CMS is not functional. Only after such notification, the “hard copy” filing will be admissible.
  • The “hard copy” refers to a USB stick hardware which shall contain all necessary files in specific format, a.o. pdf-files as well as an Excel-File with a list of the Opt-Outs to be recorded, and a corresponding print out with an overview of all patents being concerned.

The full news release can be found here:

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European Patent Litigators Association