10/10/2022
On 6 October 2022 the Unified Patent Court (UPC) preparatory team shared an implementation road map, illustrating the expected timeline and the key activities of the UPC in the coming months.
One of the most interesting timings provided on this road map is the planned operational date of the UPC. The UPC preparatory team has said it is planning for the UPC to open its door and start receiving cases from 1 April 2023.
This appears to be the first time the UPC have made an official announcement regarding a specific date it is working towards for the launch of the UPC. However, it has been made clear that this roadmap and timeline “reflects the current state of the UPC project and therefore, might be subject to change”.
Importantly, we are still awaiting Germany’s ratification of the UPC agreement. The deposit of UPC ratification by Germany will trigger the sunrise period (first day of the following month) and the entry into force of the UPC agreement three months after the start of the Sunrise period. The road map indicates we can expect Germany to ratify around 19-23 December 2022 and consequently expect the sunrise period to commence on 1 January 2023.
This date is significant because during the sunrise period it will be possible to opt-out of the UPC (see here for more information on opting out). Thus, in view of the sunrise period potentially commencing on 1 January 2023 it would be prudent for owners of European patents and patent applications to start identifying their most important cases and considering whether they would prefer for those cases to be litigated before the UPC or the national courts. Opting out of the UPC maintains the current status quo, whereby the national courts have jurisdiction over granted European patents.
As recently reported here, our European Patent Attorneys will be competent to act before the UPC and will be able to assist you with any queries or applications for opting out of the UPC. We will continue to provide updates with regards to the timeline of the UPC in the coming months.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
