Prerequisites of the unitary patent system

The legal prerequisites for the entry into force of the unitary patent system have been accomplished. Operational preparations are currently underway (filling of judicial positions, preparation of IT, etc.).

  • According to current information, the Unified Patent Court is scheduled to start work in late autumn 2022 or early 2023. Unitary patents can also be granted from this date.
  • It is envisaged that the Unified Patent Court will have jurisdiction over questions of infringement and validity of all European patents. Approximately three months before the entry into force, a so-called “sunrise period” begins, during which European patents that have already been applied for or have been granted can be exempted from the jurisdiction of the Unified Patent Court by declaration of the respective proprietor.