There has been debate on how the Agreement on the unified patent court (the “Agreement”) will apply to opted-out patents and to disputes brought before national courts during the transitional period. In short, the debate has been whether the Agreement remains applicable, even though the Unified Patent Court itself would not be competent to hear the relevant dispute.

The UPC Preparatory Committee interpretative note concludes that if a patent is opted out (or if a claim is brought before a national court during the transitional period), the Agreement does not apply and the national court competent to hear the dispute would apply national law.