The introduction of the Unified Patent Court continues.
The preparatory team for the Unified Patent Court published on October 6, 2022 that it is currently expected that the Unified Patent Court will start working on April 1, 2023. In order to meet this timeframe, Germany must deposit its instrument of ratification in December 2022.
The Unified Patent Court is an intergovernmental court which will be competent for infringement suits of European patents as well as nullity suits against European patents. However, the exclusive jurisdiction of this court for these disputes can be avoided by the proprietors of European patents by a corresponding declaration (“opt-out”). Such a declaration can already be made during the “sunrise period” which is expected to begin on January 1, 2023.
MSP will shortly issue further information in this regard.
Dr. Nikolai Köllisch Dr. Reta Schinkel