Another difference is that exclusive licensees will have the authority to start proceedings at the UPC. It is even possible - in the form of an opt-out - to take a European patent entirely out of the UPC.
Holding proceedings in Dutch will only be possible in the Dutch (and most likely the Belgian) branch of the UPC. However, while disputes about unitary patents will always be heard by the UPC, for normal European patents it will remain possible - during a transitional period at least - to choose whether are brought before the UPC or before national courts.
FAQs on unitary patent and UPC Unitary patent (UP)1. If an opt-out has been requested for a patent, it will remain excluded from the UPC’s jurisdiction for the lifetime of the patent, even after the transitional period.
What is the difference between a European patent and a UP? The effect of this opt-out is to force any parties looking to start revocation proceedings against the patent to do so via the national court(s).
If it is important to you that the national courts, and not the UPC, will decide on the validity of your patent and any infringement thereof, you should choose the national validation route. However, a UP can only be assigned for all countries together.
Thereafter, it can only be validated in the individual countries. When would it be beneficial to opt for a EP or national validation instead of a UP?
The main difference is that UPC judgments on European patents will apply in all participating countries.