Introduction: What is the Unitary Patent System?
In this introduction, you will learn what the unitary patent system is and what the EU’s objectives are with this innovation.
Opt-out
/in Special Edition UPC December 2022, UPC OverviewWith the “opt-out”, a transitional period has been provided within the framework of the new unitary patent system. What to consider and what options you have as a patent proprietor, read here!
Competence of the UPC
/in Special Edition UPC December 2022, Unitary Patent Court, UPC OverviewIn principle, since the entry into force of the Agreement, the Unified Patent Court (UPC) has had exclusive jurisdiction over civil proceedings relating to European patents, unitary patents, supplementary protection certificates for products protected by such patents and European patent applications. The scope of exclusive competence includes, inter alia, actions for actual or threatened infringement and related defenses, actions for a declaration of non-infringement, …
Structure and functionality of the UPC
/in Special Edition UPC December 2022, Unitary Patent Court, UPC OverviewThe Unified Patent Court (UPC) consists of a Court of First Instance, a Court of Appeal and a Registry. The Court of First Instance comprises a central chamber sitting in Paris and a division sitting in Munich, as well as several local and regional chambers. All the panels of the Court of First Instance are multinational and composed of three judges …
Strategic considerations
/in Special Edition UPC December 2022, UPC OverviewThe introduction of the unitary patent system paves ways for taking many different routes towards a European patent strategy. Find out which routes are available!
The UPC roadmap
/in Special Edition UPC December 2022, UPC OverviewAfter delays, the Unified Patent Court started its work on June 1, 2023.
With the deposit of the instrument of ratification by Austria as the thirteenth member on January 18, 2022, the UPC had already entered into force provisionally in accordance with the “Protocol to the Agreement on a Unified Patent Court concerning Provisional Application” (PPA). Under this provisional applicability, preparations for the operation of the UPC were underway. In particular, the UPC Administrative Committee already officially confirmed the locations of the Court of First Instance and adopted the Rules of Procedure and the Table of Costs, which entered into force on September 1, 2022. Also, the judges’ disbursement and the finalization of the IT infrastructure already took place within the framework of provisional applicability.
With the deposit of the instrument of ratification by Germany on February 17, 2023, the preparations were completed. Thus, the 3-month “sunrise period” started and the Unified Patent Court could finally start its work on the first day of the fourth month after the deposit of the instrument of ratification on June 1, 2023, according to Art. 89 EPCÜ.
Already during the “sunrise period” an opt-out could be declared ahead of time in order to keep patents out of the UPC system and to prevent a central attack on the patent directly after the entry into force of the UPC. This op-out can be withdrawn at a later date.
January 2022
Preliminary application of UPC starts with 13th ratification (Austria)
Beginning until end 2022
Preparatory work
Beginning of 2023
Deposit of German ratification document (February 17, 2023)
Sunrise period
3 months, starting with the first of March 2023
1st of June 2023
UPC enters into force
First day of fourth month after deposit
