Provisional implementation of the UPC confirmed


On Friday, November 19th, Austria’s National Council unanimously approved the draft legislation of the Protocol on the Provisional Application (PPA) and on December 2nd, 2021 the second chamber approved the legislation.  Accordingly, a sufficient number of states have now ratified the Protocol on the Provisional Application (PPA) for it to come into effect.

The provisional implementation process includes the recruitment of staff for the UPC, notably judges.  The next stage will be the final implementation, with the most optimistic estimates being that final implementation will occur in early 2023.

The Unified Patent Court (UPC) will provide a common international court for litigating European patents in participating EU Member States in relation to infringement and validity of both Unitary Patents and European patents, thereby providing a single procedure in place of possible parallel litigation. Companion Unitary Patents (UPs), will make it possible to obtain patent protection in up to 24 EU Member States by submitting a single request to the EPO, providing a simpler and more cost-effective procedure for applicants.

Although the UK will not participate in the UPC, all Forresters’ attorneys who are dual qualified as both UK & European Patent Attorneys will maintain rights of audience before the UPC.

For further information in relation to the UPC and UP, please contact Jack Gunning or your usual Forresters contact.

Dr Jack Gunning