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  • Florian Dietzler

Launch of the UPC planned for April 1, 2023

The UPC Preparatory team recently published an implementation roadmap outlining key activities and milestones for the UPC in the upcoming six month.

According to the roadmap, Germany is currently expected to deposit its instrument of ratification of the UPC Agreement (UPCA) in December 2022. This will trigger the start of the Sunrise period which begins on the first day of the month following the deposit, i.e. presumably on January 1, 2023, and which will allow applicants and patentees to opt out their patent applications and patents prior to the UPCA's entry into force. The UPCA then enters into force three months after the start of the Sunrise period, with the Court opening its doors and starting to receive cases. According to the Preparatory team, this is currently planned for April 1, 2023.

In the course of the current month, legally and technically qualified judges of the Court will be appointed. The judges will then elect the President of the Court of First Instance and the President of the Court of Appeal as well as the UPC's Presidium. This is expected to occur by end of October. In the following months, the remaining vacancies will then be filled, such as those of the Registrar, the administrative staff and the staff of the Patent Mediation and Arbitration Centre.

In parallel with these recruitment activities, the Case Management System (CMS) is being finalized. Meanwhile, users will have the opportunity to gradually use and practice more and more functions of the CMS until, probably at the beginning of March 2023, the system will be available to the public with the same functions as for the UPC’s entry into force.

The implementation roadmap is available for download here.