Sunrise Period

The sunrise period is a period of three months before the UPC starts to operate, so is expected to run from January through to the end of March 2023.

 

During this time, it is possible to file an “opt-out” in respect of existing European Patents to exclude them from the jurisdiction of the UPC, and instead rely on the individual national courts for legal proceedings such as infringement or revocation proceedings.

Opt-outs can still be filed later on, but if an action is launched before the UPC in relation to a specific patent then it will not be possible to opt-out at a later time.  So, the sunrise period provides an important opportunity to secure your opt-out before third parties can initiate proceedings under the UPC.

Information accurate as of 24/11/2022

 

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!