Unified Patent Court Agreement Enters into Force

The Unified Patent Court Agreement has formally come into effect today, 1 June 2023. The much anticipated Unified Patent Court (UPC) opens its doors, enabling litigants to lodge actions in relation to European patents at the new Court. Patentees are also now able to obtain Unitary Patents (UPs) based on patents granted by the European Patent Office. As UPC representatives, J A Kemp can advise on all aspects of the changes and represent clients at the UPC.

With this, the sunrise period allowing patentees to opt out early ends. This is not the end for opt outs, which can still be filed for at least 7 more years. However, it does mean that some granted European patents are now at risk of being centrally challenged at the UPC, if a revocation action is commenced at the Court without a valid opt out having been filed.

The entry into force of the UPC Agreement is highly significant for innovative businesses active in Europe. We look forward to helping clients capitalise on the opportunities these changes bring and navigate the new risks.

Please contact your usual J A Kemp advisor if you wish to opt out a European patent, request Unitary protection or need advice regarding litigation at the UPC.