EPO Announce Transitional Measures For Early Uptake of Unitary Patent

Author: Matthew Ng
IP News

With the recent announcement of the delay to the implementation of the UPC Agreement to 1 June 2023, and the start of the “Sunrise Period” to 1 March 2023, the EPO has announced that two transitional measures previously signaled at the start of 2022 will come into force on 1 January 2023.

The transitional measures are designed to assist applicants with the early uptake of the UPC Agreement and apply to applications for which a Notice of Allowance (the so-called Rule 71(3) Communication) has already been issued.

The first measure allows applicants to make an early request for unitary effect before the UPC Agreement formally comes into effect. The second measure allows applicants to request for a delay in the issuance of the Decision to Grant until the UPC Agreement formally comes into effect.

For applicants that have already decided to adopt the new Unitary Patent System, these measures will enable them to start their preparations well ahead of time. However, for those that are still uncertain or do not wish to use the new system, the additional delay to grant may not be helpful. If you have any questions in this regard, please do not hesitate to contact us.

The measures in full can be found here.

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