UPC sunrise period postponed for two months


It was announced today that the timeline for the Unified Patent Court (UPC) has been adjusted and the ‘sunrise period’, which was due to start on 1 January 2023, has been postponed for two months.

This ‘sunrise period’ refers to a three-month period during which steps to opt-out “classic” European patents from the jurisdiction of the UPC can be taken in advance of its commencement.

It has been delayed to allow future users time to obtain and authenticate security devices needed to access the UPC’s Case Management System and to sign documents.

As a consequence of this postponement, the ‘sunrise period’ is scheduled to start on 1 March 2023 followed by the entry into force of the UPCA on 1 June 2023.

Stakeholders and owners of existing European patents are advised to prepare for the start of the ‘sunrise period’ by speaking to their usual Forresters attorney or Jack Gunning.