The European Unitary Patent System and Unified Patent Court

News & Commentary on Ratification

UPC to enter force

Following the UK’s announcement that it intends to proceed with the ratification process, despite on-going negotiations to leave the EU, it has been announced that the UPC is expected to enter force in December 2017. This will be preceded by the start of the preliminary phase in May 2017 and the opening of the sunrise period for opt-outs in September 2017.

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Kevin Cordina

The UK’s role in the UPC

A number of UK associations have commissioned a report on the UK’s position in relation to the UPC after the country leaves the EU. Although on the brink of entering force, commencement of the UPC has been paused following the 23 June referendum result. The Opinion concludes that while the UK could be a member of the UPC after leaving the EU, this would require additional legislation and amendment of the Agreement. It therefore seems unlikely the UPC will enter force in its current form (which requires the UK to start), and a new agreement will have to be reached.

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Kevin Cordina