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unitary patent

THE UNIFIED PATENT COURT, the new court for European Patents THE OPT-OUT OPTION

Thanks to progress in its ratification, the UPCA  is approaching its entry into force in the following 17 EU Contracting Member States: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden.

The Provisional Application Phase (PAP) of the UPCA has already started. Once the preparations are sufficiently completed, Germany will ratify the UPCA, which will trigger the start of the 3 to 4 month sunrise period, preceding actual entry into effect of the UPC, which will likely occur early 2023.

unitary patent

A Unitary Patent option and a common Patent Court in the EU, likely coming in 2022

Finally, after many years of difficulties, the combined Unitary Patent (UP) and Unified Patent Court (UPC) project is about to become a reality.

The announcement by Germany of its ratification of the Protocol on Provisional Application (PPA) in August 2021, along with the subsequent deposit of the PPA ratification instrument in September 2021, has marked an important milestone towards entry into force. What stood in the way was the needed ratification of the PPA by one more Member State which is no longer the case and, ultimately, the final stages towards entry into force can be underway.