The Sunrise Period is an Escape Period

The Unified Patent Court committee just announced a proposed start date of 1 April 2022 and a related schedule that cascades to and from that start date.

This is not a promised and firm date, and work on making a reliable UPC Case Management System (CMS) continues and may delay the start of the UPC.  But this date is likely close to the final start date.

As you can see from the image, there is a Sunrise Period that lasts for 3 months (It is in yellow at the top-right of the chart).  

That Sunrise period is the 3 months window during which the UPC begins operating administratively, but NOT as a court.  One can file opt-outs for their EP patents with the UPC during this time.  As a reminder, the UPC is a default opt-in court.  One MUST proactively opt-out, or your EP patents will be under the jurisdiction of the UPC.

Importantly, during this Sunrise period the UPC will operate administratively, but will NOT be taking complaints for revocation (or infringement).  

As, the Rules of the UPC prohibit a patent holder from opting out a patent from UPC jurisdiction if an action on that patent has commenced at the UPC, this means this Sunrise period is a unique period in time for opting out existing EP patents.  

Thus, those wanting to be certain that their now granted EP patents escape the jurisdiction of the UPC and do not want to worry that a quickly filed revocation action has been made at the UPC, need to file for opt-out during this "Sunrise period".  

After this Sunrise period one can still opt-out of the UPC, but for existing EP patents, one runs the risk of having an action brought before the opt-out is made, effectively pinning them to the UPC jurisdiction and removing the ability to have a revocation action heard before the national courts.