Myles Jelf, co-head of our patent disputes practice, has spoken to intellectual property magazine, Managing IP, on the growing concern surrounding the testing phase of the Unified Patent Court‘s (UPC) case management system (CMS).
With the sunrise period – a three-month window for processing opt-outs – due to commence on 1 January 2023, and the CMS testing phase not ending until 16 December, some believe this does not allow sufficient time for issues to be rectified – especially, when taking the upcoming festive period into account too. This has led to calls for the sunrise period to be delayed until any technical issues have been addressed.
In the article, Myles explains “on the one hand, the official voice seems to be really digging in for a January 1 start. But on the other, that is only weeks away and there does still seem to be a lot to get in order…my suspicion is that the timing may slip a month, two at worst. But there will be huge pressure to not push things back any further”.