Is 1 April 2023 the date for entry into force of the Unitary Patent?

In Insights

7 October, 2022

On 6 October, the UPC Preparatory team published information that they are currently planning for entry into force of the UPC Agreement on 1 April 2023, with the Unified Patent Court (UPC) opening its doors and starting to receive cases as from that date.

If that plan holds, this will also be the day from which the EU legislation on a Unitary Patent is applicable. With the Unitary Patent, a patentee requesting unitary effect for its European Patent will receive protection in 17 EU member states through one single request with the EPO.

The UPC will be the common court for litigating a Unitary Patent, and it will eventually have exclusive competence for civil litigation related to all European Patents in the covered states. The UPC’s rulings will hold in every country that has ratified the UPC agreement, and the court is available for both revocation and infringement actions.

At AWA, we are ready and eager to assist you with the critical decisions for your current and future European patent portfolio. Early consultation and strategic risk assessment can provide your company with a golden opportunity to get ahead of the curve.

AWA has a specialised and technically competent litigation team, which includes both qualified European Patent Attorneys and lawyers who are ready to assist our clients before the UPC.

Please reach out to your usual contact at AWA with any questions on the Unitary Patent or litigation in the UPC.

For more information on the Unitary Patent, please click here.

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