UPC Registry reports on some common issues in use of CMS

28.03.2023

The Registrar of the Unified Patent Court (UPC) has provided information on the most commonly identified issues regarding the Sunrise functionalities of the Court’s CMS.

Particular points to note for those applying to become a representative include: they must use their own strong authentication device (not another person’s); the email address they provide will be recorded into the CMS and may be different from the one used to obtain their device; and there is not yet an entitlement under “Article 48(2), Patent Attorney with EPLC – EPLC Decision Rule 1”, so where that option has been (mistakenly) used on the system, provided that the applicant fulfils the criteria, the Registry will change the application to “Article 48(2), Patent Attorney with EPLC – EPLC Decision Rule 12”.

Particular points to note for those applying to opt out patents include: there is guidance as to how to fill in the country abbreviation section; the declaration under Rule 5.3(e) Rules of Procedure must be filled by or on behalf of the proprietor(s), independent of information in relevant national patent registers, and, if the proprietor’s postal address has changed since grant, the new address must be indicated (even if not in relevant national patent registers).

Myles Jelf

Author

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