Mar 6, 2023
Germany Deposits Ratification of the Agreement on the European Court of Unity (UPCA)
UPCA to (be issued June 1, 2023)
Germany deposited its ratification of the Agreement on a Unified Patent Court for Europe (UPCA) on February 17, 2023. The ratification was scheduled for late 2022, but was delayed, and as a result, the entry into force of the Unified Patent Court Agreement (UPCA) was also postponed from the originally scheduled date of April 1, 2023, to June 1, 2023. The ratification of the UPCA was delayed from the originally scheduled April 1, 2023 to June 1, 2023.
Since the German deposit completed the ratification process of the EU member states, the UPCA will enter into force on the first day of the month four months after the German deposit, i.e. The UPCA will enter into force as of June 1, 2023 (Article 89*¹ of the UPC Agreement). The sunrise period also started on March 1, 2023.
For more information, please check EPO – The Unitary Patent is to become a reality and Practical information on the upcoming launch of the Sunrise period | Unified Patent Court (unified-patent-court.org) Sunrise period kick-off | Unified Patent Court (unified-patent-court.org)
*¹ Article 89 of the UPC Agreement (Entry into force): 1. This Agreement shall enter into force on 1 January 2014 or on the first day of the fourth month after the deposit of the thirteenth instrument of ratification or accession in accordance with Article 84, including the three Member States in which the highest number of European patents had effect in the year preceding the year in which the signature of the Agreement takes place or on the first day of the fourth month after the date of entry into force of the amendments to Regulation (EU) No 1215/2012 concerning its relationship with this Agreement, whichever is the latest.