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UP & UPC: start of the sunrise period delayed

With only weeks to go before the foreseen start of the sunrise period on 01 January 2023, the Unified Patent Court (UPC) preparatory team has today indicated that there is to be an “adjustment of the timeline”, with the start of the sunrise period being postponed for two months.

On 05 December 2023, an article published by Klaus Grabinski, the President of the UPC Court of Appeal, and Johannes Karcher, the Acting Chairman of the Administrative Committee of the UPC, signalled that the sunrise period would now begin on 01 March 2023, with the full entry into force of the UPC Agreement (UPCA) on 01 June 2023.

This delay is as a result of additional time being provided to users to prepare themselves for the UPC’s case management system (CMS) and for the strong authentication required to access it. The UPC’s CMS will be critically important for all stakeholders, not least owners of European patents and applications and their representatives. Opting-out European patents and applications from the jurisdiction of the UPC, for instance, will be done through the UPC’s CMS once the sunrise period begins.

A number of stakeholders, including respondents to a recent IPKat survey, had expressed difficulties accessing the UPC’s CMS via the strong authentication process, and it was suggested that the UPC preparatory team were aware of the issues. However, in its news release of 05 December, the UPC preparatory team noted that the “functionalities of the CMS have been positively tested” and, since all other preparatory work is on track, no further delay to the start of the UPC beyond 01 June 2023 is expected.

UPC Preparatory Committee news release: start of the sunrise period on 01 March 2023

Announcement of the UPC Preparatory Committee of 05 December 2022: Adjustment of the timeline – start of the sunrise period on 01 March 2023.

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IPKat blog UPC CMS survey

"Calls to push back UPC sunrise period as 89% have not been able to obtain/authenticate security devices needed to access Case Management System".

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