Update on the UPC – Implementation of Case Management System (CMS) Is Making Progress

As previously reported, the Unified Patent Court’s Administrative Committee adopted the Rules of Procedure (RoP) for litigation in the Unified Patent Court (UPC) on 8 July 2022. Now the UPC has published the Consolidated Version of the UPC Rules of Procedure.

Furthermore, the UPC has just recently announced that the implementation of the Case Management System (CMS) is making huge progress. To provide the highest level of security the access to the CMS will be based on an authentication scheme with a so-called eIDAS, i.e. an electronic identification certificate in compliance with the EU Regulation No. 910/2014. Further implementation steps have been announced by the UPC for the near future.

Anyone desiring to use the CMS should keep their eyes open for the prospective updates also on technical requirements. This is likely to matter for owners of European bundle patents and applications, since patentees can opt-out those rights from the jurisdiction of the UPC when sunrise period begins, which is expected to happen soon.

Apart from that, several burning questions are still unanswered. For example, who will be appointed as judges? And where will the Central Division for Life Sciences be located after Brexit? It therefore remains highly exciting to observe the further development.