Sunrise Period
The sunrise period is a period of three months before the UPC starts to operate, so runs from 1 March 2023 until the end of May 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 27/02/2023
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