From 1 January 2023, the period for early uptake of the Unitary Patent begins and related official forms are available on the EPO website. The Unitary Patent system is expected to enter into force on 1 June 2023, when the Unified Patent Court (UPC) should also come into operation, heralding a new era for patent protection in Europe.
Camille Pecnard and Damien Colombié co-authored an article on the UPC and the unitary patent published this week in the Lettre des Juristes d’Affaires (LJA).
They discuss the impacts on IP rights and the points to identify in order to anticipate the strategy to adopt.
To read the full article from the Lettre des Juristes d’Affaires, click here.
European validation module (unitary effect patent) is now available
EasyPatent now offers a module dedicated to European validations
Dedicated to foreign patent extensions, phase commitments and validations, EasyPatent gives you access to an immediate estimate of the cost of the operation directly via IP DATA².
With the entry into force of the unitary patent, the unified patent court (UPC) and the associated transitional provisions, it will be possible to escape the competence of the UPC for European published applications and patents without unitary effect (OPT OUT), by the filing of a declaration made by the effective Applicant/Patentee, before the start of proceedings.
The deposit of the Unified Patent Court Agreement ratification instrument by Germany will trigger the Sunrise period and the entry into force of the UPCA (3 months after the start of the Sunrise period).
In anticipation of the opening of the Unified Patent Court (UPC) that is currently planned for April 1st 2023, it will be possible to opt out existing patents and patent application from the jurisdiction of the UPC.