The Sunrise Period of the Unified Patent Jurisdiction was supposed to start on 1 January 2023, with a goal of the jurisdiction becoming operational on 1 April 2023.
In a press release dated 5 December 2022, the Court states that this timetable is postponed by two months. The Sunrise Period will therefore start on 1 March 2023, with the aim of the Court coming into force on 1 June 2023.
Article 48 of the Agreement on the Unified Patent Court (UPCA) defines the obligation for parties to be represented before the Unified Patent Court (UPC).
Despite the pandemic filings of European patent applications increased again. 188 600 patent applications were received by European Patent Office (EPO) in 2021, which is an increase of 4.5% in comparison to the previous year.
While the Federal Constitutional Court of 20 March 2020 ruled in Germany that the act of consent to the UPC Agreement is not constitutional and therefore void, a press release of 26 March 2020 from the German Federal Minister of Justice clarified the current political will in Germany.
In a clear statement, the Federal government confirmed that it keeps on upholding the project of a single European patent system with a European patent Court.
The Federal Government is committed in examining the possibilities to remedy the lack of form of the act of consent to the UPC Agreement, as found by the Federal Constitutional Court.
According to the decision of the Federal Constitutional Court, a constitutional majority in the Bundestag would have been required for the vote of act of consent to the UPC Agreement, since it implies a transfer of rights to an international institution and thus leads to a change in constitution.
The Federal Minister of Justice suggested that this should be made during the current legislative period that is due to end in 2021, if possible.
