Key takeaways
An application to remove an unauthorised application to opt out pursuant to R. 5A RoP must
a) either demonstrate that the person who filed the application to opt out, at the time of filing the application, was not the person shown in each national patent register for which the European patent was validated as the person entitled to be registered as the proprietor of the European patent, but that it was the applicant of the application to remove the unauthorised application to opt out, see R. 8.5(c) RoP,
b) or, if the persons mentioned under a) are identical, demonstrate that at the time of filing the application to opt out, the person shown in each national patent register for which the patent was validated as the person entitled to be registered as the proprietor of the European patent, under the law of each Member State for which the European patent was validated, was not entitled to be registered as the proprietor of the patent, but that it was the applicant of the application to remove the unauthorised application to opt out, see R. 8.5(a) RoP.
Division
President of the Court of Appeal
UPC number
UPC-CoA-066/2026
Type of proceedings
Application to remove an unauthorized application to opt out
Parties
Applicant: SILIMED Indústria de Implantes Ltda, Rio de Janeiro, Brazil
Party who filed the original opt-out: Polytech Health&Aesthetics GmbH, Dieburg, Germany
Patent(s)
EP 2 581 193
Jurisdictions
UPC
Body of legislation / Rules
R. 8.5(c) RoP, R. 5A RoP
