The constituent meeting of the Administrative Committee took place on 22 February 2022. The Administrative Committee will adopt the necessary legal texts and appoint the judges in the coming months. It will be supported by the so-called Advisory Committee, consisting of judges, lawyers and patent attorneys, which will conduct interviews and propose a list of judges between March and May 2022. The IT system is also to be finalised in the summer. Opt-out requests can then be submitted to the court registry.
As soon as Germany deposits the instrument of ratification in Brussels, the actual countdown to the launch of the UPCA as an operating court system will begin. The Agreement will then enter into force on the 1st day of the 4th month after Germany deposits its instrument of ratification. During this time, the grant of a pending EP application can be delayed until the entry into force of the UPCA upon request to the EPO, which creates the possibility of requesting unitary effect.
The remaining months until the final launch should be used to familiarise oneself with the new system. Filing strategies should be put to the test with a view to the unitary patent as a new means of protection, the integration of the EP into the new court system and the abolition of the prohibition of double protection in some states, e.g. Germany and France. Furthermore, precautions must be taken in the case of co-ownership of European patents, licence agreements or current or pending proceedings.
Preu Bohlig & Partner will guide you professionally and competently through this preparatory phase. In March, we will publish a special EPC Newsletter highlighting all aspects of the new system. We are also planning further online seminars:
You can already register with Ms Anja Friedrich (anf@preubohlig.de). Are several people from your firm/company interested in participating or would you like to forward the invitation to selected partners, colleagues or clients at home and abroad? Please do not hesitate to contact us.
