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ARTICLE · 05 JANUARY 2022

UPC Could Open Its Doors In 2022

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With news that the Austrian parliament has ratified the Protocol on the provisional application of the Agreement on a Unified Patent Court on 2 December 2020, the Unified Patent Court (UPC) opening in 2022 is becoming more likely.

European UnionIntellectual Property
Rachel Fetches
Rachel Fetches
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With news that the Austrian parliament has ratified the Protocol on the provisional application of the Agreement on a Unified Patent Court on 2 December 2020, the Unified Patent Court (UPC) opening in 2022 is becoming more likely. This will be a significant change to the patent litigation landscape in Europe and will harmonise patent litigation across up to 24 EU Member States (MS). It will also mean that patentees can choose to validate a Unitary Patent (UP) that will cover all EU MS who have ratified the UPC Agreement (R-MS).

When Austria deposits its ratification of the Protocol this will trigger the provisional phase of the UPC. During the provisional phase, secondary legislation will be finalised, budgets set and Judges appointed before the UPC opens its doors. It is estimated that the provisional phase will take 8-10 months, following which Germany will deposit its ratification of the UPC Agreement (UPCA) triggering the launch of the UPC four months later. Based

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