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Update: Unitary Patent System and the Unified Patent Court (UPC)

We are ready to go! On February 17, 2023, the German government deposited the instrument of ratification for the Agreement on a Unified Patent Court (UPC Agreement). This means that the Unified Patent Court (UPC) can start its work on June 1, 2023. The Unified Patent Court offers patent owners in currently 17 participating EU Member States uniform protection for their patents. The so-called Sunrise Period, a three-month phase prior to the start of the Unified Patent Court or the Unitary Patent System, will begin on March 1, 2023. During this phase, patent owners already have the possibility to file a so-called opt-out request before the start of the Unitary Patent System and thus leave their European patents in the existing system (so-called bundle of individual national patents). This means that no automatic conversion into European patents with unitary effect will take place and the national courts will retain their jurisdiction until the end of the transitional period at the latest, unless an opt-in is chosen at a later date.

Find more information on the Unitary Patent System and the Unified Patent Court (UPC) here.


Christoph Wiegand

Dr. Christoph Wiegand


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