In the margins of the Competitiveness Council of October 1st 2015, a protocol to the UPC Agreement has been signed by seven member states.
This protocol aims to provide a smooth transition into the operational phase and ensure the proper functioning of the Unified Patent Court.
To this end, the protocol to the UPC Agreement will allow a provisional application of some provisions of the Agreement before its entry into force
The involved provisions include the appointment of judges for the Court and testing of IT systems.
This provisional application phase will also be used to allow for early registration of opt-out demands, namely demands which exclude the JUB’s competence for a European patent.
The UPC Agreement will only come into force after the ratification by 13 States, provided France, Germany and the United Kingdom have ratified it. For now, only eight member states have ratified the Agreement (AU, BE, DK, FR, LU, MA, PT, SU).