What to do to get ready for the Unitary Patent and UPC
19th December 2022
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:
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:
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