With the new Unified Patent Court (UPC) due to commence operations from 1st June 2023, and unitary patents to become available for the first time, the current sunrise period is approaching its end.
To allow for centralised updates to the on-line case management system prior to the UPC entering into force, it was confirmed yesterday that the case-management system used to opt-out existing European patents and patent applications will be taken offline at 9:00 a.m. CET on 31st May 2023, with no further opt-outs possible until after the UPC commences in June. Accordingly, if you would like your case outside the jurisdiction of the UPC before it comes into force, then the opt out will need to be filed before 4:00 p.m. CET on Tuesday 30th May 2023 to ensure that it is registered before the UPC enters into force.
While European patents and applications may continue to be opted-out of the jurisdiction of the UPC after 31st May, 2023, a case could be trapped under the jurisdiction of the UPC if an action is brought before an opt out is recorded.
If you require any additional information regarding the opt-out process or the UPC in general, please do not hesitate to contact us at [email protected] or via your usual WP Thompson contact.
