Brexit and the UPC

When the Unified Patent Court (UPC) becomes operational, a Provisional Application Phase (PAP) will start. Then a sunrise period for opt-outs will start. Within this sunrise-period, the system provides approximately three months for the patent holders to make any adjustments to their IP strategies by opt-out their existing European patents and patent applications from the jurisdiction of the UPC before the Court becomes operational. After this sunrise-period the opt-out is however not excluded and can be declared during a transitional period of seven years as long as no suit has been brought before the UPC with respect to the patent at issue. The timetable of the entry into force is subject to change given the reliance on the UK’s and Germanys ratification of the Patent Court Agreement. In particular the early general election in June 2017 may delay the UK’s ratification. Please click here for further information.