Risk-reward scepticism blamed for deluge of patent court opt-outs

Experts suggest patent holders also want to retain flexibility over their intellectual property

Scepticism that the benefits of a new pan-European patent system will outweigh the downsides is a cause of a recent surge of patent holders opting out of the system, alongside a desire for maximum flexibility, experts have suggested.

Next month, a new Unified Patent Court is set to gain the power to settle disputes across an initial 17 countries opting in to a new Unitary Patent system, with seven more countries expected to follow. The system is intended to make it easier and cheaper to obtain intellectual property protection across the participating countries. It has been planned for over a decade, but many innovators are now deciding it is more hassle than it is worth.