As reported here, Slovenia’s legislation ratifying the Protocol on the Provisional Application (PPA) of the Unified Patent Court Agreement (UPCA) came into force on 24 September 2021. The instrument of ratification, however, was not immediately deposited with the Council of the EU. The deposition was, however, effected on 15 October, together with that of Slovenia’s instrument of ratification of the UPCA itself. Slovenia’s ratification of the PPA is, therefore, now effective; as recorded here and here.
Only one more country therefore needs to ratify the PPA, or otherwise consent to be bound by the provisional application of certain UPCA provisions, for the provisional application phase to start, during which final preparations for the introduction of the UPC and unitary patent system will take place. It is understood that Austria may shortly satisfy that final requirement, with draft legislation required being currently in the parliamentary committee stage.
In its report of Slovenia’s deposits, the UPC Preparatory Committee notes that during the provisional application phase the following, in particular, will take place: adoption of the secondary legislation and the Court’s first budget, completion of the electronic case management system including stress testing, and the selection and appointment of the judges.