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The full details of the updated roadmap can be found here and the accompanying graphic indicates that the sunrise period will begin on 1 January 2023. During the sunrise period it will be possible to submit advance requests to opt traditional European patents out of the jurisdiction of the UPC. The advance requests will then be processed as the UPC becomes operational on 1 April 2023.

 

The updated roadmap notes that it reflects the current state of the UPC project and may therefore be subject to change but as things stand, we are now within 6 months of the start of the unitary patent system.

 

Owners of European patents should now be considering whether they wish their exisiting EP patents to remain within the competence of the UPC when it opens and speaking with their patent representatives in advance of the start of the sunrise period.

MoreThe Unitary Patent System – nearly ready to go live

06.05.2022

The Unitary Patent System – nearly ready to go live

The unitary patent system, comprising the unitary patent and Unified Patent Court (UPC), is now expected to go live either later this year or early next year. The exact date will be known as soon as Germany deposits its instrument of ratification of the Unified Patent Court Agreement which will kick start a sunrise period. Following this sunrise period, the UPC will open its doors and it will be possible for a patent owner to obtain a single unitary patent which provides patent protection in at least 17 EU member states.

MoreUnified Patent Court Update

19.08.2021

Unified Patent Court Update

Last week, after years of delay caused by challenges in the German Federal Constitutional Court, legislation enabling Germany to ratify the Unified Patent Court Agreement came into force. German ratification of the UPCA is a required step in setting up the unitary patent system and so this development moves the Unified Patent Court slightly closer to reality.

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