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The UPC roadmap

14. September 2022/in Special Edition UPC December 2022, UPC Overview

After 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 This op-out can be withdrawn at a later date.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

 

Back to UPC overview
/wp-content/uploads/2022/04/boehmert_logo.svg 0 0 Lucia Biehl /wp-content/uploads/2022/04/boehmert_logo.svg Lucia Biehl2022-09-14 15:38:052024-01-15 11:16:47The UPC roadmap

Author

Dr. Hanno Flentje

Contents

More articles

  • Unitary Patent: costs 1. January 2024
  • UPC: Enforcement possibilities for right holders 1. January 2024
  • Introduction: What is the Unitary Patent System? 1. January 2024

More Articles

Introduction: What is the Unitary Patent System? 01. January 2024
Opt-out 01. January 2024
Competence of the UPC 01. January 2024
Structure and functionality of the UPC 01. January 2024
Strategic considerations 01. January 2024

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