Timeline Change for the Start of the Unified Patent Court

The start of the Sunrise Period, which is the beginning phase of the Unified Patent Court (UPC) during which holders of European Patents can file to opt-out these patents from the jurisdiction of the UPC, has been postponed for two months. 

As noted by the President of the UPC and the Chairman of the Administrative Committee of the UPC, the initial roadmap foresaw 1 January 2023 as the beginning of the Sunrise Period with an entry into force of the UPCA on 1 April 2023. 

The additional time is intended to allow future users to prepare themselves for the strong authentication which will be required to access the Case Management System (CMS) and to sign documents.

One of the core features of the UPC court system is that it will be fully digital, with all on-line filings. 

To make this happen the Case Management System (CMS), the on-line system that enables users to file documents with the court, including filing opt-out declarations for European patents, must be robust, reliable, accessible and understood by practitioners. 

The two-month postponement is meant to give users the ability to register and learn to access and use the CMS system before launch of the UPC.

The President of the UPC has confirmed that all other aspects of the preparatory work (e.g., appointment and training of the UPC Judges, etc.) is “on track” and on schedule and no further delay is expected.