The Protocol to the Agreement on a Unified Patent Court concerning provisional application (PVA) will enter into force on January 19, 2022, after Austria has deposited its instrument of ratification on January 18, 2022. The final preparations for the Unified Patent Court can now be initiated.
With the start of provisional application, the unitary patent will become reality after a long period of approval. In just a few months, a patent will be available that covers the territory of all participating EU member states.
During the provisional application phase, which is expected to last eight months, the technical and infrastructural preparations for the Unified Patent Court shall be completed so that the unitary patent system can enter into force before the end of 2022.
In order to support patent applicants in using the unitary patent in a timely manner, the European Patent Office will introduce transitional measures for European patent applications that have already reached the final stage of the grant procedure. These measures will be available before the unitary patent system enters into force.
As usual, we will keep you informed and inform our clients at an early stage about potential effects or opportunities due to further developments concerning the unitary European patent.