EPO’s pre-UPC mechanisms will still be available from 1 January 2023

On Tuesday, we shared an insight from a private source within the European Patent Office (EPO) indicating that access to the previously announced mechanisms for delaying grant and filing early requests for unitary effect would not be postponed.

The EPO has now confirmed this, making it clear that these mechanisms will be available from 1 January 2023 despite the postponement of the UPC Sunrise Period.

The EPO’s latest statement says that, although the Unitary Patent system is still expected to start on 1 June 2023, the two transitional measures applicable to European patent applications having reached the final phase of the grant procedure will be made available through the first five months of 2023.

We will continue to monitor and update on related developments but if there is anything we can do today to help you or your clients get UPC Ready, please email your usual Potter Clarkson contact.