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When will the new system become operational?

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

According to the current roadmap of the UPC Preparatory Team, the Unified Patent Court should start 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 has already entered into force provisionally according to the “Protocol to the Agreement on a Unified Patent Court concerning Provisional Application” (PPA). Within the framework of this provisional applicability, preparations for the operation of the UPC are currently underway. In particular, the UPC Administrative Committee has 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. Judges’ disbursement and finalization of the IT infrastructure are also taking place within the framework of provisional applicability.

For the full entry into force of the UPC, the deposit of the (already signed) instrument of ratification by Germany is still missing. As a “gatekeeper”, Germany is to deposit its instrument as soon as the Unified Patent Court declares that the necessary preparations have been completed. The deposit of the instrument is scheduled to take place in mid-February 2023.

As soon as Germany has deposited the instrument of ratification, the UPC will enter into force according to Art. 89 EPCÜ on the first day of the fourth month after deposit. Thus, the 3-month sunrise period will most likely start on March 1, 2023 and the UPC can enter into force on June 1, 2023.

Within the sunrise period, an opt-out can already be declared ahead of time in order to keep patents out of the Unitary Patent System and to prevent a central attack on the patent directly after the UPC enters into force.

  • 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 (expected mid of February 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 15:38:052023-01-05 15:26:37When will the new system become operational?

Author

Dr. Hanno Flentje

Contents

More articles

  • Unitary Patent: costs 18. November 2022
  • Interplay between infringement and revocation proceedings in… 18. October 2022
  • Introduction: What is the Unitary Patent System? 14. September 2022

More Articles

Introduction: What is the Unitary Patent System? 14. September 2022
Competence of the UPC 13. September 2022
Structure and functionality of the UPC 12. September 2022
Opt-out 11. September 2022
Strategic considerations 10. September 2022

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