Boult Wade Tennant
UPC » The UPC moves another step closer: The Provisional Application Phase Has Begun!

The Provisional Application Phase (PAP) of the Unified Patent Court (UPC) has finally started!

Austria deposited their ratification of the PAP-Protocol on 18 January 2022, taking the number of ratifications to thirteen, as required for entry into force of this Protocol. This is the first of two steps required for the UPC to become operational. The second is that Germany must ratify the UPC Agreement.

The Provisional Application Phase provides for a period of preparatory work, including the recruitment of judges and administrative staff. This period will also allow for further work on the software behind the UPC Case Management System. Currently, this system is available in a Beta version which appears to be far from ready for use.

The Provisional Application Phase has no set duration, but the UPC Preparatory Committee have indicated that it will last at least 8 months. Once everyone is confident that the UPC is functional, Germany will be asked to ratify the UPC Agreement. This ratification will decide the actual start date of the UPC, which will be on the 1st day of the fourth month after Germany ratifies. Therefore, we can now expect the UPC to open its doors in late 2022, or early 2023, depending on how quickly the preparatory work can be completed.

Austria was the first Member State to ratify the UPC Agreement and yesterday the loop was closed when it deposited its instrument of ratification of the Protocol on Provisional Application of the UPC Agreement.  As such, Austria is now the thirteenth Member State to participate in the provisional application of the UPC Agreement.

https://www.unified-patent-court.org/news/austria-closes-loop-protocol-provisional-application-upc-agreement-has-entered-force

Relevant sectors
Aerospace
  • Commercial aviation
  • Defence and security
  • Space and satellites
  • Unmanned aerial vehicles
Artificial Intelligence and Machine Learning
Automotive
  • Autonomous vehicles
  • Electric vehicles
  • Engines
Biotechnology
  • Antibody engineering
  • Antibody manufacture and formulation
  • Bioinformatics
  • Biosimilars
  • Drug delivery
  • Gene editing (e.g. CRISPR)
  • Genomic and molecular tools and methods
  • GM crops
  • Immuno-oncology (e.g. checkpoint inhibitors; modified T cells)
  • Next generation sequencing
  • Nucleic acid synthesis
  • Personalised medicine/disease biomarkers
  • Recombinant protein production and purification
  • Stem cell therapies
  • Supplementary protection certificates (SPCs)
  • Synthetic biology
  • Therapeutic antibodies
  • Vaccinology (e.g. viral vectors; mRNA vaccines)
  • Women’s health products
Chemicals
  • Agrochemicals
  • Catalysts
  • Dispersions and colloids
  • Lubricants
  • Polymers and plastics
Communications and Networks
  • Cloud computing
  • Internet of things (IOT)
  • Oceanography, marine
  • Wired and wireless networks
Computing and Software
  • Artificial intelligence and machine learning
  • Bioinformatics
  • Blockchain and distributed ledgers
  • Communications and networks
  • Computer games
  • Data and software security, cryptography and digital rights management (DRM)
  • Data management and storage, databases and data compression
  • Digital assistants, virtual assistants and software agents
  • Fintech and adtech
  • Machine vision
  • Metaverse, virtual reality (VR) and augmented reality (AR)
  • Motor capture
  • Multimedia, audio/video processing and animation
  • Natural language processing
  • Quantum computing
  • Robotic process automation
  • Search engines
  • Signal processing
  • Software applications and systems, mobile applications, user interfaces
Consumer Goods and Retail
  • Anti-counterfeit devices
  • Beauty
  • Fashion
  • Health, fitness and sport
  • Household goods
  • Luxury goods
  • Moda
  • Retail
Electronics and Electrical Devices
  • Computer and IT architecture and system design
  • Medical devices
  • Optics
  • Restaurants and bars
  • Robotics
  • Scientific instruments
  • Semiconductor devices
  • Testing systems, control systems, signal processing
  • Travel and leisure
  • Wearable tech and human interfaces
Energy and Green Technologies
  • Biofuels
  • Clean air
  • Fuel cells and battery technology
  • Renewables and recycling
  • Solar power
  • Water, oil and gas, nuclear, fusion, fission
  • Wind turbines
Food and Beverage
  • Beverages
  • Nutrition
  • Retail
Industrial Manufacturing and Processing
  • Packaging
  • Polymers and plastics
  • Printing tech
  • Additive manufacturing
  • Coatings
  • Construction
Materials
  • Advanced materials
  • Composite materials
  • Metallurgy and alloys
  • Nanotechnology
Medical Devices and Diagnostics
  • Artificial intelligence
  • Devices
  • Diagnostic instruments
  • Digital health
  • Drug delivery
  • Immuno-oncology
  • In vitro diagnostics
  • Medtech
Pharmaceuticals
  • Diagnostics
  • Drug delivery
  • Generic market entry
  • Medicinal chemistry
  • Methods of production and synthesis
  • Personalised medicine/disease biomarkers
  • Pharmaceutical formulations
  • Pharmaceuticalsceutical formulations
  • Polymorphs
  • Small molecule pharmaceuticals
  • Supplementary protection certificates (SPCs)
Trade Marks
  • Consumer goods
  • Cosmetics and perfumery
  • Financial services
  • Mechanical engineering
  • Mechanical products
  • Services
  • Telecommunications