On 8 July 2022, the Unified Patent Court’s Administrative Committee adopted the Rules of Procedure for litigation in the Unified Patent Court (UPC), which will enter into force on 1 September 2022. The Committee also confirmed the divisions of the Court of First Instance and received the list of recommended judges. Appointment of judges, which is expected to be completed in September, has always been a key milestone for the new Court’s opening. Given how preparations are progressing, the UPC is likely to open early in 2023.
Upon the UPC opening, any patent granted by the European Patent Office (EPO) and maintained in any of the European Patent Convention (EPC) member states that ratify the UPC agreement (participating member states) will become subject to the jurisdiction of the Court, unless opted-out by its proprietor. This is irrespective of when a European patent may have been granted. This means that, unless the patent’s proprietor proactively opts the patent out of the jurisdiction of the UPC in advance of the Court opening, the patent will be at risk of a central attack. Accordingly, proprietors of European patents and applications need to start now to prepare their European patent portfolios for when the UPC opens. Read more