Ratification process complete: The Unified Patent Court will open on June 1, 2023

Düsseldorf, February 17, 2023 - On February 17, 2023, the German government deposited the instrument of ratification for the Agreement on a Unified Patent Court (UPC Agreement, UPCA). With this final important step, all requirements are now met for the Unified Patent Court (UPC) to open its doors on June 1, 2023. The UPC offers patent holders in up to 24 EU states uniform protection for their ideas. The sunrise period will start on March 1, 2023, three months before the UPC launch. In this phase, companies will have the chance to file an early opt-out request and thus temporarily keep their patents granted by the European Patent Office (EPO) within the existing system. This means that the national courts would retain their jurisdiction for the time being.

“After years of preparation, decision-making processes, and formalities, the Unified Patent Court can now commence its work. We will support all our clients in adapting their IP strategy to the new system and getting the most out of it,” says Gottfried Schüll, patent attorney and partner at Cohausz & Florack (C&F). The law firm has prepared long and extensively for the opening of the UPC. Information on all changes and necessary measures is available on C&F’s specially set up UPC website and is updated continuously.