The Preparatory Committee for the Unified Patent Court has published a new version of the draft Rules of Procedure.

According to the Committee, the draft ‘is yet to come under scrutiny by the European Commission on the compatibility of the Rules of Procedure with Union law and will be subject to formal adoption by the UPC Administrative Committee (…) during Provisional Application.’

The newest version of the Rules of Procedure includes some minor amendments, which were agreed on during the Committee’s meeting of 15 March 2017.

The provisional application period of the UPC is scheduled to start at the end of May, but this depends on ‘a few more Signatory States acceding to the provisional protocol on Provisional Application (PPA)’.

unified patent courtIn the UK, parliamentary approval for all elements of the Unitary Patent system (PPA, UPCA and the Protocol on Privileges and Immunities) is expected after the Easter recess. In Germany, both chambers of Parliament have already given their approval to both PPA and UPCA. The Preparatory Committee expects Greece to ratify after Easter as well. If this is the case, ratification by just one more member state is needed, according to Eileen Tottle, head of the secretariat of the Committee.

The start of the sunrise period, in which patents can be opted out of the jurisdiction of the UPC, is scheduled to begin in September and the court is expected to open its doors in December of this year.

For regular updates on the Unitary Patent and the Unified Patent Court, subscribe to this blog and the free Kluwer IP Law Newsletter.


To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.

Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF