Sunrise in Europe

The dawn of the Unitary Patent System

Official start date 1st June 2023

With the deposit of its instrument of ratification of the Agreement on a Unified Patent Court with the Council of the European Union, Germany officially became the 17th member to the Agreement. With this, the last hurdle for the Unified Patent Court (UPC) and the Unitary Patent system has been cleared.

The new court will open its doors and and start to receive cases from the 1st June 2023. This also means that the so-called sunrise period will to start today, the 1st March 2023.

Actions to be taken by applicants

As set out in detail in our previous briefing sheets, in view of the of the upcoming UPC system, applicants should reconsider their patent strategy:

The European Patent Office has implemented mechanisms allowing to delay grant of a patent until after the start date of 1st June 2023. This provides the option for unitary protection to patent applications about to be granted.

The start of the Unified Patent Court should also prompt a review of your existing patent portfolio to decide if and what which European patents should be removed from the UPC system by making use of the so-called “opt-out” procedure; without such “opt-out”, a Euro- pean Patent may be subject to possible handling by the UPC.

Your specialists at Fleuchaus & Gallo

At Fleuchaus & Gallo, we are an enthusiastic supporters of the Unitary Patent system – while exercising caution with a new and unproven system to maintain if not maximise your port- folio’s value.

For further details on the UPC system and our firm’s partner’s involvement with UPC, visit the UPCs Website (

For any help, reach out to us!

Michael Fleuchaus

Michael Fleuchaus

Deutscher und Europäischer Patentanwalt, Europäischer Marken- und Designanwalt

Dr. Andrea Fleuchaus

Deutsche und Europäische Patentanwältin, Europäische Marken- und Designanwältin

Dr. Benjamin Grau

Deutscher und Europäischer Patentanwalt, Europäischer Marken- und Designanwalt