Delay of the start of the sunrise period
The start of the sunrise period, i.e. the three month provisional application period preceding the actual start of the Unitary patent system, including the Unitary patent and the Unified Patent Court (UPC), has been postponed by two months, and is now scheduled for the 1 March 2023.
According to a communication from the Administrative Committee of the UPC, the main reason for the delay is to allow users of the case management system (CMS) to prepare the strong authentication protocol needed to access the CMS.
All other preparatory measures for the start of the UPC and Unitary patent are still on track, and the Administrative committee does presently not foresee any further delays of the start.
During the sunrise period it will be possible to file an “opt-out” in respect of existing European Patents to exclude them from the jurisdiction of the UPC. Opt-outs can be filed later, but if an action has been brought before the UPC then it will not be possible to opt-out. The sunrise period therefore gives applicants and proprietors for European patent applications and patents time to consider whether to opt-out or stay within the new system.
The Unitary Patent and the Unified Patent Court
Joint expertise and resources to help you navigate in the new system and choose the right strategy.
As a client you will benefit from our long-standing collaboration with Advokatbyrån Gulliksson, one of the leading law firms in Sweden within intellectual property and commercial law. We jointly, and successfully, represent clients in national and international patent proceedings. With our top tier patent litigators and top tier patent attorneys you will reap considerable strategic and competitive benefits.
Read our article on how to opt out here – The Unitary Patent system: Opting out – a decision to start considering, and our article on The road ahead for reaching the Unitary Patent, and our article regarding the appointed judges for the Unified Patent Court and our first article UP and UPC are about to happen (again).