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ARTICLE · 03 FEBRUARY 2022

UPC - Progress Towards The Start Of The Unitary Patent System

Keltie LLP
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Following delays from Brexit and a constitutional challenge in Germany, the deposit of Austria's instrument of ratification on the Protocol on Provisional Application to the Agreement on a Unified Patent Court (UPC)...

GermanyIntellectual Property
Mark Richardson
Mark Richardson
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Following delays from Brexit and a constitutional challenge in Germany, the deposit of Austria's instrument of ratification on the Protocol on Provisional Application to the Agreement on a Unified Patent Court (UPC) in mid January 2022 has started the provisional application period which allows final preparations for the UPC to be made.

During the provisional application phase judges will be appointed and technical preparations (e.g. to the online case management system) will be finalised. At some point during this period (which is expected to last at least 8 months) Germany will deposit its instrument of ratification* for the UPC Agreement (UPCA) which will start a 4 month clock running before the court is formally brought into existence.

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