A guide to the UPC and the UP - Flipbook - Page 137
National patents
Unitary patents
Opted-out
European patents
Non-opted out
European patents
European patents
granted in
non-contracting
Member States
European patents
granted after the
transitional period
Exclusive jurisdiction of the
courts of the Member States
Exclusive jurisdiction
of the Court
(B) After the transitional period
Sunrise Period
8-12
Art.83(3) UPCA states that an “opt-out shall take effect upon its entry into the register”.
This originally caused some concern because of the risk of delay in registering opt-outs as a
result of an anticipated flood of applications being lodged on the first day of the entry into force
of the UPCA. To prevent this outcome, a “sunrise period” has been set up from 1 March 2023 to
enable applicants to lodge their opt-out applications before the UPCA entered into force on
1 June 2023. 11
8-13
Under the Protocol to the Agreement on a Unified Patent Court on Provisional Application, 12
the Registry came into existence 19 January 2022 and is responsible for administering the
sunrise register. Opt-out applications accepted by the Registry before the entry into force of the
UPCA are treated as entered on the register on the first day of entry into force of the UPCA.
In order to assist the speedy processing of opt-out applications, they are lodged online
through the Court’s Case Management System. 13
8-14
Before an application to opt out a patent can be lodged, registration on the Case Management
System is required. 14
11
12
13
14
r.5(12) RoP.
Available at https://www.unified-patent-court.org/sites/default/files/upc_documents/Protocol_to_the_Agreement_on_
Unified_Patent_Court_on_provisional_application.pdf [Accessed 27 March 2023].
See paragraph 8-36 for details of what needs to be filed.
See paragraphs 8-43 to 8-45 for details on the registration.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 127
