Germany deposited its instrument of ratification of the Unified Patent Court on 17 February 2023. This means that the “sunrise period” – as last planned – will start on 1 March 2023. With the deposit of the instrument of ratification by Germany, the Agreement on the Unified Patent Court (UPC) will enter into force on 1 June 2023.
The Unified Patent Court is an intergovernmental court before which infringement actions of European patents as well as nullity actions against European patents can be heard. However, the exclusive jurisdiction of this court for the above-mentioned disputes can be waived by the owners of European patents by means of a corresponding declaration (“opt-out”). Such a declaration can already be made during the sunrise period.
If you have any questions about the Unified Patent Court, please do not hesitate to contact our experienced team of attorneys.