This timeline looks back at events that were expected to have led to the UP and UPC commencing. The most important factors in meeting the dates are the necessary ratifications of the UPC Agreement and accession to the Protocol on Provisional Application. If these are not achieved the time-plan will be disrupted.
There was much expectation that the UPC would be ready to open its doors by December 2017, but that has not been the case. Although a start date during 2018 looks possible, with complications around the UK formally leaving the EU in early 2019, a start date in currently unknown.
It is now difficult to predict any timeline for a start date of the UP and UPC. We are following the situation and will publish a further update when additional information is available.
UPC comes into existence (The Preparatory Committee is now working under the assumption that the Provisional Application Phase (PAP) will start end of spring 2017, presumably in May, and that the Agreement on the Unified Patent Court (UPCA) can enter into force and the Court become operational in December 2017).
Expected sunrise period for opt outs.
Following the sudden announcement that the UK is intending to ratify the Unified Patent Court (UPC) Agreement, the patent landscape in Europe is once again on the brink of the most significant change in a generation.
In spite of post-Brexit uncertainty over the unitary patent and unified patent court, the Netherlands becomes the 11th Member State to ratify the Agreement on the UPC.
The UK’s decision to leave the EU leaves the future of the UP & UPC unclear.
UPC Rules Of Procedure Finalised. The tables at pages 141 and 142 give an overview of stages of Infringement and Revocation proceedings. The full Rules of Procedure can be found here.
Recruitment of judges commences
Bulgaria ratifies and deposits its instrument of ratification (10th ratification)
The UK Parliament has approved the legislation (The Patents European Patent with Unitary Effect and Unified Patent Court Order 2016) which will give effect to European Union legislation in relation to the European patent with unitary effect and to the international agreement on the Unified Patent Court in the UK.
The Preparatory Committee for the UPC agrees the Rules on Court fees and recoverable costs for the UPC. The biggest change, and welcome news for proprietors of existing EP patents and applications is that no fee will be payable in order to opt out of the jurisdiction of the UPC. Many have lobbied that this should have always been the case, and will welcome this news - final agreed version of the UPC fees here.
A protocol to the UPC Agreement is signed by representatives of member states. This protocol will allow some parts of the UPC Agreement to be applied early.
Italy joined the Unitary Patent and became the 26th member of the enhanced cooperation on Unitary Patent protection.
EU countries agreed on the level of renewal fees of the unitary patent. The renewal fees will be equal to the sum of national renewal fees in four countries (Germany, France, the United Kingdom and the Netherlands). According to the EC, this means that an inventor protecting their innovation with the unitary patent will pay less than €5,000 in renewal fees over 10 years for a territory that covers 26 EU countries, instead of the current level of around €30,000, which has proven to discourage companies from patenting in Europe.
The ECJ delivers two judgments which both dismissed Spain’s actions trying to annul the regulations forming part of the unitary patent – The Agreement on the UPC is set to go ahead.
France deposis its instrument of ratification on the UPC; notable because France is one of the countries (together with Germany and the UK) which must ratify in order for the Agreement to come into force
Following the adoption of the two Regulations in the contracting countries, except for Poland but with the addition of Italy, proceeded with the signature of the Agreement on a Unified Patent Court. The process for the ratification of the agreement is ongoing. The package will come into effect when 13 countries have ratified the Unified Patent Court agreement. Unitary patent ratification by EU country
February 2012, EU countries and the European Parliament agreed on the ‘patent package’ – a legislative initiative consisting of two regulations and an international agreement that lay the ground for the creation of unitary patent protection in the EU.
The package consists of:
- a Regulation creating a European patent with unitary effect ('unitary patent')
- a Regulation establishing a language regime applicable to the unitary patent
- an Agreement between EU countries to set up a single and specialised patent jurisdiction (the 'Unified Patent Court')