UPC Update

Posted in European Patents on by Admin

The UPC (Unified Patent Court) Preparatory Committee have announced that they are expecting the UPC to become operational by December 2017. The Committee also envisage that the “sunrise-period” (a period of a minimum of 3 months during which applicants can opt their European patents out of the UPC system before it becomes operational) will commence in September 2017. This timetable is conditional on a number of factors, including the necessary ratifications of the UPC Agreement and implementation of the Protocol on Provisional Application (this is the protocol which would allow applicants to opt their European patents out of the UPC system before the UPC becomes operational).

Despite this announcement, and despite Baroness Neville-Rolfe’s statement late last year indicating that the UK intends to proceed with preparations for ratification of the UPCA, there is ongoing uncertainty as to whether the UK will be part of the UPC system following the ‘Brexit’ vote last year.

We will provide more updates in this regard when they become available. If you have any questions regarding the UPC, please contact your usual AHA representative.