The UP/UPC system is getting closer

The UP/UPC system may become a reality within the near future

The entry into force of the UP/UPC system has met with many obstacles. However, since the rejection by the German Federal Constitutional Court of the second complaint in July 2021, see our previous update, the road may now be paved for the full entry into force of the system around the end of 2022 or early 2023.

On 15 October 2021, the Slovenian government – as the twelfth state – deposited its instrument of ratification for the Protocol on the Provisional Application of UPC Agreement (PAP-Protocol) and the UPC Agreement itself, bringing the Unified Patent Court one step closer to its launch, see: https://www.unified-patent-court.org/news/slovenia-ratifies-protocol-provisional-application-and-upc-agreement. Only one more state is required before the entry into force of the UPC’s provisional application phase (PAP). The provisional application phase is the final phase of the Unified Patent Court’s set-up. During this phase the last parts of the preparatory works can be completed, budget and IT systems will be finalised and judges will be recruited. The provisional application phase is expected to last approximately eight months.

The provisional application phase has not yet entered into force, but is expected to do so late 2021 or early 2022. When the preparatory work has progressed satisfactorily, the last step will be the ratification of the Unified Patent Court Agreement (UPCA) by Germany. The UPCA will then enter into force on the first day of the fourth month following the deposit of this instrument.

Once the provisional application phase enters into force, we will provide more detailed information on how best to prepare for the new system, including what needs to be considered before the entry into force of the system.