EPO plans unchanged by UPC delay.

As reported here, the beginning of the sunrise period for the Unitary Patent and Unified Patent Court has been pushed back by two months to March 1, 2023 (and actual entry into force pushed back similarly to Jun 1, 2023).

The European Patent Office has announced that notwithstanding this change to the sunrise period at the UPC, its own plans for January 1, 2023 remain unchanged.

Therefore as and from January 1, 2023, any applicant who wishes to have the option of obtaining a Unitary Patent, and who has received a Communication under Rule 71(3) but not yet responded to this (i.e. the intention to grant and invitation to pay grant and printing fees), can take advantage of the following two transitional measures:

  • Delay grant of the European Patent: If the applicant files a request to delay grant, at the latest on the date that they approve the text for grant in response to the Rule 71(3) communication, the EPO will delay grant until shortly after the UPC goes live (in practice the date of grant will be delayed until June 7, 2023). This then allows the applicant the option to file a request for unitary effect on the granted patent, though they are not obliged to file such a request.
  • Early request for Unitary Effect: From January 1 to May 31, 2023, it will be possible to file an early request for unitary effect. However, as this is only valid for patents granted after June 1, 2023, this measure alone will not cause grant to be delayed (one must also request the delay of grant). Closer to the June 1 go-live date, we expect to see more of these requests being filed. Such a request must be accompanied by a full translation of the specification into another EU language (if the language of proceedings is English).

For applicants who have received a Communication under Rule 71(3), it is therefore important that they decide as soon as possible whether they would like to obtain a Unitary Patent, and if so, to file a request to delay grant after January 1 and no later than the date of approving the text for grant.

This article continues FRKelly's series on the upcoming Unitary Patent and Unified Patent Court. For more details, check out the following articles:  

1. What is a Unitary Patent?

2. What is the Unified Patent Court?  

3. How to Apply for a Unitary Patent

4. UPC Structure

5. Register for Unitary Patent Protection

6. UPC Operations

7. What Rights Are Afforded by a Unitary Patent? 

8. UPC Opt-Out

9. Opposition, Appeals and Validity of Unitary Patents

10. Will the Unified Patent Court Affect SPCs?

11. Unitary Patent Costs

12. UPC Infringement Actions

13. Ireland and the Unified Patent Court

14. No More Fooling Around: April 1st is UPC Launch Date

15. Unified Patent Court Costs

16. Validity Actions at the UPC

17. Assignments and Licenses Under the Unitary Patent System

18.  The UK and the Unified Patent Court

19.  Delay to Start of UPC Sunrise Period 

20. EPO Plans Unchanged by UPC Delay

21. What to do to get ready for the Unitary Patent and UPC


Privacy Settings

Privacy Settings
Saves the current privacy settings.
Retention period: This cookie will remain for 30 days.
Saves the current PHP session.
Retention period: This cookie will only remain for the current browser session.
Performance and Analytics Cookies
These technologies allow us to analyze website usage in order to measure and improve performance.
Google Analytics
This is a web analytics service. It allows the user to measure advertising ROI, track flash, video and social networking sites and applications.
Provider: Google Ireland Limited - Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
Technical name: _ga,_gat_gtag_UA_120928533_6,_gid
Show more details

Data Purposes

This list represents the purposes of the data collection and processing.
- Marketing
- Analytics

Technologies Used

- Cookies
- Pixel

Data Collected

This list represents all (personal) data that is collected by or through the use of this service.

- App updates
- Click path
- Date and time of visit
- Device information
- Downloads
- Flash version
- Location information
- IP address
- JavaScript support
- Pages visited
- Purchase activity
- Referrer URL
- Usage data
- Widget interactions
- Browser information

Legal Basis

In the following the required legal basis for the processing of data is listed.

- Art. 6 para. 1 s. 1 lit. a GDPR

Location of Processing

- European Union

Retention Period

The retention period is the time span the collected data is saved for the processing purposes. The data needs to be deleted as soon as it is no longer needed for the stated processing purposes.
The Retention Period depends on the type of the saved data. Each client can choose how long Google Analytics retains data before automatically deleting it.
Data Recipients

- Google Ireland Limited, Alphabet Inc., Google LLC

Data Protection Officer of Processing Company

Below you can find the email address of the data protection officer of the processing company.


Transfer to Third Countries

This service may forward the collected data to a different country. Please note that this service might transfer the data outside of the EU/EEA and to a country without the required data protection standards. If the data is transferred to the US, there is a risk that your data can be processed by US authorities, for control and surveillance measures, possibly without legal remedies. Below you can find a list of countries to which the data is being transferred. This can be for different reasons like storing or processing.

United States of America,Singapore,Chile,Taiwan

Click here to read the privacy policy of the data processor https://policies.google.com/privacy?hl=en

Click here to opt out from this processor across all domains https://tools.google.com/dlpage/gaoptout?hl=de

Click here to read the cookie policy of the data processor https://policies.google.com/technologies/cookies?hl=en

Storage Information

Below you can see the longest potential duration for storage on a device, as set when using the cookie method of storage and if there are any other methods used.

- Maximum age of cookie storage: 2 years

  Accept all
Please upgrade your browser. This website is not compatible with Internet Explorer.