UPC – Expected Start Date of 1st April 2023

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Anticipation is rising in the patent community that the new pan-European patent court, the UPC, is finally, truly coming. The preparatory team at the Unified Patent Court shared an implementation road map last week with the expected entry into force of the UPC Agreement and start date of the Court of 1st April 2023. Technical judge training has also begun in Paris.

The start of the Sunrise Period is expected to be 1st January 2023.

During this Sunrise Period:
·      Representatives can register and begin to opt-out patents and patent applications from the jurisdiction of the UPC
·      Applications which have had a communication under Rule 71(3) EPC despatched can make an early request for unitary effect.
·      Applications which are expecting to receive a decision to grant after despatch of the Rule 71(3) EPC communication and before approving the text intended for grant can request to delay issuing the decision to grant until after the start date of the Unitary Patent.

We are confident that the April Fools’ Day start date is not a reflection of the system itself. However, to avoid a trick being played upon you, it is time to start planning now.


 

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