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New timetable for the UPC: launch planned for 1 April 2023

On 6 October 2022, the Preparatory team for the Unified Patent Court announced an updated and detailed implementation timetable until the entry into force of the Agreement on a Unified Patent Court (UPCA). Thus, there are increasing indications that the UPC can be expected to become operational fairly soon (we already reported on this blog on 15 July 2022).

This timetable (see chart below) includes and depicts all the key activities and milestones of the UPC in the last months of what is known as the Provisional Application Phase (PAP), which began on 19 January 2022:

The following key data can be taken from this chart:

This so-called “roadmap” is only intended to reflect the current status of the project and is therefore subject to change. However, it will have a certain binding, as it is explicitly stated that any changes, impacting key deliverables and milestones will be communicated.

It is therefore high time for all patent proprietors to familiarize themselves with the new rules and aspects of the unitary patent and the Unified Patent Court in the expected remaining three months. In addition, they should review their patent portfolios with a view to the questions “Unitary patent: yes or no?” and “Opt-out: yes or no?” and check their existing patent-related contracts for the need to adapt them accordingly.

Our blog contributions shall provide an overview with regard to legal topics, legislation and case law and are supposed to provide some general information rather than constituting any specific advice. Please do not hesitate to contact Maiwald and in particular the authors of the particular contributions if have any questions on the addressed topics or on other legal issues.

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Authors

Heike Röder-Hitschke

Counsel

Attorney-at-Law

Certified Specialist Lawyer for Intellectual Property

LL.M. "International Studies in Intellectual Property Law“