31 May 2024 is the last day to file a request under Rule 12.1(a) of the Rules on the EPLC to be registered as an entitled representative before the UPC according to Article 48(2) UPCA, i.e. according to the so-called grandfather clause.
Since the UPC (Unified Patent Court) opened its doors 1 June 2023, the one-year transitional period defined in Rule 12 of the Rules on the European Patent Litigation Certificate expires by the end of May this year. Thus, any European Patent Attorney who has the appropriate qualifications, for example by having acquired a European Patent Litigation Certificate but has not yet filed a request to become listed as a representative before the UPC should promptly file such a request via the CMS.
As of 1 June 2024, no more representatives will be registered under Rule 12.1 of the Rules on the EPLC. Instead, European Patent Attorneys who wish to become registered on the list under Article 48(3) UPCA must successfully complete a course as defined in Rules 2 and 6 to 8 of the Rules on the EPLC. Specifically, this means taking accredited courses for the “European Patent Litigation Certificate” given by one of the following universities, or non-profit educational bodies of higher or professional education:
- The Center for International Intellectual Property Studies (CEIPI) for the University Diploma “Patent Litigation in Europe”;
- The Fernuniversität in Hagen for the education programme “Zertifikat zur Führung Europäischer Patentstreitverfahren”;
- The Academy of European Law (ERA) and the Maastricht University Faculty of Law (UM) for the “Joint EPLC training course”; or
- The Heinrich-Heine-Universität Düsseldorf for “The Düsseldorf Representation Preparation EPLC-Course”
Alternatively, candidates may take an equivalent course offered by the Unified Patent Court’s Training Centre in Budapest.