The UPC roadmap

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 This op-out can be withdrawn at a later date.