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Wake up to the sun! Germany deposits instrument of ratification of the UPC agreement

By Matthew Howell, Partner and Will Morgan, Partner

In this article, Matthew Howell and Will Morgan explore the the start of the Sunrise Period for the Unified Patent Court and what the key dates are that you need to know.

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mhowell@hlk-ip.com | Connect on LinkedIn

wmorgan@hlk-ip.com | Connect on LinkedIn

Germany has deposited its instrument of ratification of the UPC Agreement, triggering the start of the Sunrise Period for the Unified Patent Court (UPC).

The Sunrise Period

Sunrise Period begins on 1 March 2023

The Sunrise Period begins on 1 March 2023 and lasts for three months.

During this period, European patent holders and applicants can opt their European patents and European patent applications out of the exclusive jurisdiction of the UPC before the Court opens for business on 1 June 2023.

The UPC Agreement

UPC and UP come into effect on 1 June 2023.

The UPC Agreement came into effect on 1 June 2023 (the first day of the fourth month after Germany’s ratification). From that date it will be possible to obtain Unitary Patents and to bring actions at the Unified Patent Court in respect of European patents that have not been opted out.

How can HLK assist?

HLK offers an opt out service to help applicants and proprietors of European patent rights reduce the administrative burden of opting out their rights.

For more information on the Unitary Patent or the Unified Patent Court, please contact our experts at upc@hlk-ip.com.

This is for general information only and does not constitute legal advice. Should you require advice on this or any other topic related to the Unified Patent Court then please contact upc@hlk-ip.com or your usual HLK advisor