The sunrise period, which precedes the start of the UPC by three months, will start on March 1st.
The sunrise period will be strategic in the preparation of your future litigation, whether it is an action for invalidity or an action for infringement, as a claimant or in defense.
Germany has ratified the UPC Agreement on February 17, 2023, see https://www.unified-patent-court.org/en/news/upc-agreement-ratification-breaking-news.
What does « opt-out » mean?
Opt-out is a request to withdraw a European patent or a published application from the jurisdiction of the Unified Patent Court (UPC).
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.
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.