UP/UPC – Postponement of the start of the Sunrise Period

On October 6th 2022, the Unified Patent Court Preparatory Team excitedly shared their implementation roadmap for the Unified Patent Court Agreement. The roadmap had initially planned the final ratification of the UPCA for the second half of December 2022, which would then define the date of entry into force of the UPCA to April 1st 2023 and the start of the Sunrise Period to January 1st 2023.

Unfortunately, in order to give enough time for users to prepare for the new system (and in particular in relation to the authentication keys required to access the Case Management System), the UPC has announced today that the start of the Sunrise Period will be delayed to March 1st 2023.

Accordingly, the date of entry into force of the UPCA and the date of application of the regulations regarding the Unitary Patent will be postponed to June 1st 2023.

The start date of the transitional measures regarding the Unitary Patent seems unchanged. From our understanding, it will thus be possible to file an early request for unitary effect and a request for a delay in issuing the decision to grant a European patent as of January 1st 2023.

Sources: Adjustment of the timeline – Start of the Sunrise Period on 1 March 2023