The so-called "sunrise period" will start on the first day of the month following the deposit of Germany’s instrument of ratification of the UPCA; the sunrise period is currently expeced to start on 1 March 2023.
This gives patent proprietors the possibility to opt-out from the exclusive jurisdiction of the UPC before any infringement or nullity action could be brought before that court.
Furthermore, already from 1 January 2023, the Europan Patent Office will implement two tran-sitional measures for applicants interested in obtaining a patent with unitary effect; these will be applicable for European patent applications for which a communication under Rule 71(3) EPC has been dispatched after 1 Januay 2023 and will be available until the date of entry into force of the UPCA.
This first transitional measure will enable applicants to file early requests for unitary effect already before the start of the unitary patent system. This will allow the EPO to register the unitary effect immediately at the start of the system, provided all corresponding requirements are met. The EPO will register the unitary effect once the unitary patent system has started and communicate the date of this registration to the requester.
This second transitional measure will provide the applicant with the possibility to request a delay in issuing the decision to grant a European patent after dispatch of a communication under Rule 71(3) EPC by the EPO and before approving the text intended for grant. This will make the European patent that would otherwise have been granted before the start of the new system eligible for unitary patent effect, and will avoid that applicants miss opportunities to obtain a unitary patent in the transitional period.
That is, at an applicant’s request, the EPO will delay issuing its decision to grant a European patent such that the mention of the grant is published in the European Patent Bulletin only on or immediately after the start date of the unitary patent system. Such a request thus makes a European patent eligible for unitary patent effect.
KRAUS & WEISERT
Patentanwälte PartGmbB
European Patent and Trademark Attorneys
Thomas-Wimmer-Ring 15 | 80539 Munich | Germany
T +49 89 29060 - 0 | F +49 89 29060 - 111
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The UPC announced on December 5, 2022 that the start of the Sunrise Period is postponed for two months.
Our colleagues Dr. Evy Corbanie, Dr. Stefan Weist and Dr. Marc Gerauer have published their article on practical consequences of the new Rules of Procedure of the Boards of Appeal.
© 2019 KRAUS & WEISERT Patentanwälte PartGmbB
Thomas-Wimmer-Ring 15 | 80539 Munich | Germany
T +49 89 29060 - 0 | F +49 89 29060 - 111
www.kraus-weisert.de | This email address is being protected from spambots. You need JavaScript enabled to view it.