The uncertainty about UPC's future due to BREXIT and Germany's constitutional ratification issues has thus evaporated, and it is expected that the UPC could become a reality as early as late 2022 or early 2023.
The aim of the UPC agreement is to introduce a so-called "unitary patent" which will be valid in all Member States and enforceable before one single court, the UPC. Thus, a large number of patent cases will in the future be brought before the UPC instead of the national courts. The UP will consequently be governed by a single set of rules with uniform effect throughout the EU, with the exception of Spain, Poland, the Czech Republic, Hungary, and Croatia, which are not parties to the Agreement. The UK, which had initially announced its participation in the Agreement despite BREXIT, is neither participating in the UPC system nor the unitary patent.
The commencement of the PAP means that certain provisions of the UPC Agreement enter into force before the actual commencement of the UPC. During the PAP, the practical preparations for the UPC will therefore start. At the end of the PAP, which is expected to run for about eight months, there will be a so-called "sunrise period" of three months during which holders of European patents - before the final commencement of the UPC - will have the choice to opt-out of the jurisdiction of the UPC, so that patents can continue to be litigated before national courts only. It is therefore time for patent holders to consider, whether they want their patents to be covered by the UPC.
If you have any questions about the commencement of the UPC and what this means for your patent, please feel free to contact us.
