Last week, the Unified Patent Court (UPC) announced that the start of Sunrise Period is being postponed by two months from January 1, 2023 to March 1, 2023.  The UPC indicated that the initial plan called for the Sunrise Period to begin on January 1, 2023, with the Agreement on a Unified Patent Court (UPCA) coming into force on April 1, 2023.  However, following the UPC's adjustment, the Sunrise Period will begin on March 1, 2023, and the UPCA will come into force on June 1, 2023.

The UPC noted that the additional time is intended to allow future users to prepare themselves for the strong authentication which will be required to access the Case Management System (CMS) and to sign documents.  The UPC announcement reminds users that they will need secure both a client authentication (hard device) and a qualified electronic signature.  Further information, including a list of providers offering CMS authentication that complies with UPC requirements, can be found on the UPC website.  The UPC notes that because strong authentication is required for the Sunrise Period, the initial timeline seemed to be insufficient in view of the legitimate interests of users who have to find a provider and acquire the required authentication tools.

The announcement indicated that because "all other preparatory work is on track," the UPC "expect[s] no further delay of the start of the UPC beyond 1 June 2023."  In particular, the UPC noted that secondary legislation such as the UPC Rules of Procedure, has been adopted, Judges of the UPC have been appointed, the Presidium has been formed, and the Presidents of both the Court of Appeal and the Court of First Instance have been elected and have assumed their offices.