Timetable announced for the Agreement on the Unified Patent Court (UPC) entering into force

On October 6, 2022, the Administrative Committee for the Unified Patent Court (UPC) announced an updated timetable regarding the entry into force of the Agreement on the Unified Patent Court (UPC). It can be assumed that on April 1, 2023, the Agreement will enter into force.

Timetable announced for the Agreement on the Unified Patent Court (UPC) entering into force

On October 6, 2022, the Administrative Committee for the Unified Patent Court (UPC) announced an updated timetable regarding the entry into force of the Agreement on the Unified Patent Court (UPC). It can be assumed that on April 1, 2023, the Agreement will enter into force. 

What will be the changes with the Agreement on the Unified Patent Court (UPC) entering into force?

From this date, proceedings such as patent infringement actions and nullity actions, for which the EPC has jurisdiction, can be brought before the new court. Unitary patents will also be available from this date. Unitary patents are patents that have uniform effect in all participating states. For applicants, this has the advantage that cost-intensive validations in these states are no longer necessary.


What is the Sunrise Period, and what does it mean for patent applicants?

After Germany has deposited its instrument of ratification at the end of 2022, the so-called Sunrise Period will begin on January 1, 2023. This is a three-month period. If the period for replying to the communication under Rule 71(3) EPC (intention to grant) of a European patent application ends after this period, applicants can file an early request for unitary effect. If the requirements for registration of unitary effect under the Implementing Regulations for Unitary Patent Protection are met, the EPO (European Patent Office) will then enter the unitary effect in the Register for Unitary Patent Protection after the start of the unitary patent system.


What options do patent applicants have during the Sunrise Period, and what are the advantages of opting out?

With the start of the Sunrise Period on January 1, 2023, owners of granted European patents will have the opportunity to "opt-out" of one or more of their patents. Once the Unified Patent Court Agreement enters into force, all European patents for which an opt-out has not been requested will automatically be subject to the jurisdiction of the UPC. For example, if a patent owner wishes to avoid the risk of centralized patent destruction by the Unified Patent Court, the opt-out should be declared during the Sunrise Period no later than March 31, 2023. It is true that the opt-out is still available for patents after the EPC has started its activities. However, this only applies if no proceedings relating to the patents in question have been initiated before the EPC by then.

We will be happy to assist you in evaluating your patent portfolio to clarify whether an opt-out should be declared for individual patents.

Contact us for further information at:

Phone: +49 (0)611 / 341568-0
Fax: +49 (0)611 / 341568-11
E-mail: Send email to us
PGP-Key

Author: Dr. Michael Schmid