Are you prepared for the changes coming to the European Patent System?

Here we have compiled answers to some of the most frequently asked questions regarding everything you need to know for the coming months. These will each contain links to a page or pages on our site.

 

 

 

  • What does the “Sunrise Period” mean?

    • The Sunrise Period is a period of three months before the UPC starts to operate, so is expected to run from 1 March 2023 through to the end of May 2023.

 

  • What geographical territories are affected by these changes?

    • Initially, the Unitary Patent will cover 17 individual states, but in time, it may extend to cover a further eight. Rights will be obtained by securing grant of a European Patent by the EPO, which will continue to cover various states which are not in the EU, alongside all the EU countries via either “classical” patents or the new Unitary Patent where applicable. Read up on the details here.

 

  • What if I don’t want my patents to be a part of the UPC?

    • That is not a problem! Our attorneys can arrange that for you. There is a specific request that must be submitted for you to opt out of having your existing patents under the jurisdiction of the Unified Patent Court. This will be for an initial period of seven years, though this could be extended. Our blog post explains the impact of opting in or out, as well as a number of other areas this particular decision will affect.
  • Will this change the protection my patents have?

    • Your Intellectual Property will still be protected, but it will provide a number of options. These new options are detailed in this article. You will also find some broad information regarding how to approach the UPC strategically. For further guidance, we advise contacting us here or giving us a call, on +44 141 255 0295.

 

 

 

At Scintilla, we help innovative companies get a grip on their intellectual property. Our unique commercial approach combines registration of patents and trade marks with strategic input so that IP can be a springboard for business growth. If you would like to discuss your IP needs, do contact us or book a free initial consultation!