Following the recent problems with the capacity of the CMS of the Unified Patent Court (UPC), the UPC has published a Communication on improvement measures for the CMS. This lists actions being taken and others being considered and also states: “For the benefits of the overall community, we will appreciate if you can limit the usage of APIs as much as you can by avoiding multiple requests of statuses and receipts. In particular take some time before requesting the status of the opt-out and/or the PDF receipt. We would to remind you that the PDF receipts will always be available at any given point in time.”

The UPC has also published Practical information on the upcoming launch of the CMS Entry Into Force (EIF) as of 1st of June, which states that the CMS (production environment) will be offline from 9.00 CET 31 May until 9.00 CET 1 June and during this time APIs will be unavailable and queues will be stopped; it will not be possible to perform “massive” (i.e. bulk) opt-outs via APIs and it is suggested that the “last” bulk batch of opt-outs (prior to launch on 1 June) is sent before 16.00 CET 30 May. Sunrise functionality practice (in CMS CERUS, i.e. pre-production environment) will be unavailable from 9.00 CET 26 May to 9.00 CET 29 May to enable CMS CERUS to be upgraded to allow EIF functionality practice from 9.00 CET 29 May.