1) The UPC and its judges 2) Entry into force and preparatory work 3) Jurisdiction of the UPC 4) Opt-out 5) Languages 6) Parties to proceedings and Representation / Mandate 7) Provisional and protective measures 8) Protective letter 9) Application of Article 33(3) UPC Agreement 10) Interim procedure 11) Oral procedure 12) Appeals 13) Fees 14) CMS account 15) Sources of law and substantive patent law 16) CMS strong authentication 17) SPC data correction 16.1 My Trusted Provider does not offer a physical authentication device. How can I obtain the necessary physical device and certificate needed to access to the CMS? In case the potential provider does not propose a physical device (smart cart or USB stick) for your Authentication certificate, you can try with another provider located in a different country ( but always part of the Trusted Providers list. Please refer to the following list on the EU Trust Services portal 16.2 How can I get a device with certificates if I am based in a non-EU member states or in a country where the list of trusted providers does not have anything approved for it? Many providers supply the physical devices to EU citizen as well as to non-EU citizen. In order to get a secure device (Smart Card or USB stick) with the necessary certificates to access to the CMS system, you need to contact one of the providers that can be found on the list on the EU Trust Services portal.Although the list of providers states only EU member states, several providers listed in this list have in place procedures of recognition for both EU citizens and non-EU citizens and for foreign citizens when they generate the personal certificates.Please refer to the selected provider to have the detailed information. 16.3 Do I need ”In-Person” identification to get the authentication device? Some providers listed in the trusted list authorized to perform the “on-line” identification via video conferencing but for a limited choice of qualified signature creation device. Please refer to the selected provider to have the detailed information. 16.4 What are the requirements for the Trusted Service Provider selection? The suitable provider needs to provide a secure physical device (smart card or a USB stick) containing one Authentication Certificate. Regarding the electronic signature, the required certificate must be QCert for Esig (Qualified certificate for electronic signature) meaning that the user can sign with a valid qualified electronic signature according to eIDAS. Once you have selected a provider, you need to contact it and ask for:An Authentication Certificate: where the “Key usage” extension is “Digital Signature” and this certificate must be delivered on physical device,An electronic Signature Certificate: where ”key usage” extension is “Non-Repudiation” and this one is not necessary to be on a physical device. 16.5 Do we need a qualified certificate for each individual person or organization wide? The qualified certificate is used to identify the user of the CMS and it is linked to him/her, so it must be an individual certificate. 16.6 How to acquire my physical authentication device (smartcard or USB Stick)? The Smart Card or (USB Stick) with valid Authentication certificate, delivered by a provider that can be found EU Trust Services portal.To get your certificate and a device you need to: 1. Visit the Website to check the Authorized and compliant EU Trust Services providers.2. Select the desired country 3. Select the desired providerOnce you have selected a provider, you need to contact it and ask for:An Authentication Certificate: where the “Key usage” extension is “Digital Signature” and this certificate must be delivered on physical device. 16.7 How can the certificate be installed on a laptop? As for all client authentication certificates needed to access a website via strong authentication, certificates need to be installed in the certificate store of the machine, so that they are visible from the browser from which the CMS is accessed. Instructions and tools are provided by the supplier for Windows and Mac.Only the tool(s) or driver(s) required by the Authentication Device provider (smartcard reader, usb stick) will be installed. For more details, please consult the supplier’s documentation or website 16.8 Can I use my European Patent Office smart card (or card of the Federal Chamber of Notaries – Bundesnotarkammer, Deutsche Telekom…) to access the CMS? The UPC Case Management System (CMS) is an entirely new system which is tailor-made to the UPC’s requirements, including its Rules of Procedure. We would not be able to use existing Smart Card systems such as the EPO (for example) use; instead the UPC would need to roll out its own system.You can find one Trusted Provider who issue valid qualified electronic certificates on the EU Trust Services portal. 16.9 Will the access to CMS via Strong Authentication replace the current login process based on user name and password? Yes, the Strong authentication will replace the username and password in the login process. No other type of authentication will be recognized and accepted. 16.10 Will the Strong Authentication have an impact on the usage of API? The strong authentication will affect only how the user log in to the system. Therefore, it will be needed to access the CMS system and create the API-key but will not affect the usage of the API itself. To get the API Key, you need to connect on the CMS. This connection requires the Strong Authentication. As connected and recognized user (authentified via the smartcard and the underlying certificate), you can request the APIKey. Once you get this API Key, you can perform the API Calls independently from the Strong Authentication In summary and in the context of the API Calls, the Strong Authentication is only required to request / ask for the API Key. 16.11 Do I need two types of certificates to use the CMS? You need two certificates to be able to use the CMS. The first certificate (the Authentication one) is required to “log” in CMS. This certificate must be available on one physical device.The documents you will upload in the CMS must be electronically signed. For this purpose, you need to have one certificate supporting the Qualified Certificate electronic signature.Depending on the provider, the two certificates could be stored on the same device.While it is mandatory for UPC internal security rules to have the authentication certificate stored on a physical device (smartcard or usb stick), for the qualified electronic Signature certificate, it is not required to have it on the physical device. 16.12 I got my authentication device, how can I test it? Once you receive your device (and certificates), you can to test it with the functionality “Test my authentication device” available on the CMS login page:https://auth-secure.unified-patent-court.org/test-smart-card 16.13 How can I check that my certificates are compliant with the CMS requirements? The certificate required for the AUTHENTICATION (log in into CMS) must have the following characteristics:Issued by a CA/QC ( Certification Authority / Qualified Certified) (available on the EU Trust Services portal )Intended usage : Digital SignatureAnd of course with status =GRANTEDMust be delivered on a physical device (smart card or usb stick) The certificate required for the SIGNATURE must have the following characteristics:Issued by a CA / QC (Certification Authority / Qualified Certified) ) (available on the EU Trust Services portal )Type must be “QCert for Esig”Intended usage : Non repudiation ( in order to approved and certified the content of a signed document)Status = GRANTEDNot mandatory to be a physical device
1) The UPC and its judges 2) Entry into force and preparatory work 3) Jurisdiction of the UPC 4) Opt-out 5) Languages 6) Parties to proceedings and Representation / Mandate 7) Provisional and protective measures 8) Protective letter 9) Application of Article 33(3) UPC Agreement 10) Interim procedure 11) Oral procedure 12) Appeals 13) Fees 14) CMS account 15) Sources of law and substantive patent law 16) CMS strong authentication 17) SPC data correction 16.1 My Trusted Provider does not offer a physical authentication device. How can I obtain the necessary physical device and certificate needed to access to the CMS? In case the potential provider does not propose a physical device (smart cart or USB stick) for your Authentication certificate, you can try with another provider located in a different country ( but always part of the Trusted Providers list. Please refer to the following list on the EU Trust Services portal 16.2 How can I get a device with certificates if I am based in a non-EU member states or in a country where the list of trusted providers does not have anything approved for it? Many providers supply the physical devices to EU citizen as well as to non-EU citizen. In order to get a secure device (Smart Card or USB stick) with the necessary certificates to access to the CMS system, you need to contact one of the providers that can be found on the list on the EU Trust Services portal.Although the list of providers states only EU member states, several providers listed in this list have in place procedures of recognition for both EU citizens and non-EU citizens and for foreign citizens when they generate the personal certificates.Please refer to the selected provider to have the detailed information. 16.3 Do I need ”In-Person” identification to get the authentication device? Some providers listed in the trusted list authorized to perform the “on-line” identification via video conferencing but for a limited choice of qualified signature creation device. Please refer to the selected provider to have the detailed information. 16.4 What are the requirements for the Trusted Service Provider selection? The suitable provider needs to provide a secure physical device (smart card or a USB stick) containing one Authentication Certificate. Regarding the electronic signature, the required certificate must be QCert for Esig (Qualified certificate for electronic signature) meaning that the user can sign with a valid qualified electronic signature according to eIDAS. Once you have selected a provider, you need to contact it and ask for:An Authentication Certificate: where the “Key usage” extension is “Digital Signature” and this certificate must be delivered on physical device,An electronic Signature Certificate: where ”key usage” extension is “Non-Repudiation” and this one is not necessary to be on a physical device. 16.5 Do we need a qualified certificate for each individual person or organization wide? The qualified certificate is used to identify the user of the CMS and it is linked to him/her, so it must be an individual certificate. 16.6 How to acquire my physical authentication device (smartcard or USB Stick)? The Smart Card or (USB Stick) with valid Authentication certificate, delivered by a provider that can be found EU Trust Services portal.To get your certificate and a device you need to: 1. Visit the Website to check the Authorized and compliant EU Trust Services providers.2. Select the desired country 3. Select the desired providerOnce you have selected a provider, you need to contact it and ask for:An Authentication Certificate: where the “Key usage” extension is “Digital Signature” and this certificate must be delivered on physical device. 16.7 How can the certificate be installed on a laptop? As for all client authentication certificates needed to access a website via strong authentication, certificates need to be installed in the certificate store of the machine, so that they are visible from the browser from which the CMS is accessed. Instructions and tools are provided by the supplier for Windows and Mac.Only the tool(s) or driver(s) required by the Authentication Device provider (smartcard reader, usb stick) will be installed. For more details, please consult the supplier’s documentation or website 16.8 Can I use my European Patent Office smart card (or card of the Federal Chamber of Notaries – Bundesnotarkammer, Deutsche Telekom…) to access the CMS? The UPC Case Management System (CMS) is an entirely new system which is tailor-made to the UPC’s requirements, including its Rules of Procedure. We would not be able to use existing Smart Card systems such as the EPO (for example) use; instead the UPC would need to roll out its own system.You can find one Trusted Provider who issue valid qualified electronic certificates on the EU Trust Services portal. 16.9 Will the access to CMS via Strong Authentication replace the current login process based on user name and password? Yes, the Strong authentication will replace the username and password in the login process. No other type of authentication will be recognized and accepted. 16.10 Will the Strong Authentication have an impact on the usage of API? The strong authentication will affect only how the user log in to the system. Therefore, it will be needed to access the CMS system and create the API-key but will not affect the usage of the API itself. To get the API Key, you need to connect on the CMS. This connection requires the Strong Authentication. As connected and recognized user (authentified via the smartcard and the underlying certificate), you can request the APIKey. Once you get this API Key, you can perform the API Calls independently from the Strong Authentication In summary and in the context of the API Calls, the Strong Authentication is only required to request / ask for the API Key. 16.11 Do I need two types of certificates to use the CMS? You need two certificates to be able to use the CMS. The first certificate (the Authentication one) is required to “log” in CMS. This certificate must be available on one physical device.The documents you will upload in the CMS must be electronically signed. For this purpose, you need to have one certificate supporting the Qualified Certificate electronic signature.Depending on the provider, the two certificates could be stored on the same device.While it is mandatory for UPC internal security rules to have the authentication certificate stored on a physical device (smartcard or usb stick), for the qualified electronic Signature certificate, it is not required to have it on the physical device. 16.12 I got my authentication device, how can I test it? Once you receive your device (and certificates), you can to test it with the functionality “Test my authentication device” available on the CMS login page:https://auth-secure.unified-patent-court.org/test-smart-card 16.13 How can I check that my certificates are compliant with the CMS requirements? The certificate required for the AUTHENTICATION (log in into CMS) must have the following characteristics:Issued by a CA/QC ( Certification Authority / Qualified Certified) (available on the EU Trust Services portal )Intended usage : Digital SignatureAnd of course with status =GRANTEDMust be delivered on a physical device (smart card or usb stick) The certificate required for the SIGNATURE must have the following characteristics:Issued by a CA / QC (Certification Authority / Qualified Certified) ) (available on the EU Trust Services portal )Type must be “QCert for Esig”Intended usage : Non repudiation ( in order to approved and certified the content of a signed document)Status = GRANTEDNot mandatory to be a physical device
16.1 My Trusted Provider does not offer a physical authentication device. How can I obtain the necessary physical device and certificate needed to access to the CMS? In case the potential provider does not propose a physical device (smart cart or USB stick) for your Authentication certificate, you can try with another provider located in a different country ( but always part of the Trusted Providers list. Please refer to the following list on the EU Trust Services portal 16.2 How can I get a device with certificates if I am based in a non-EU member states or in a country where the list of trusted providers does not have anything approved for it? Many providers supply the physical devices to EU citizen as well as to non-EU citizen. In order to get a secure device (Smart Card or USB stick) with the necessary certificates to access to the CMS system, you need to contact one of the providers that can be found on the list on the EU Trust Services portal.Although the list of providers states only EU member states, several providers listed in this list have in place procedures of recognition for both EU citizens and non-EU citizens and for foreign citizens when they generate the personal certificates.Please refer to the selected provider to have the detailed information. 16.3 Do I need ”In-Person” identification to get the authentication device? Some providers listed in the trusted list authorized to perform the “on-line” identification via video conferencing but for a limited choice of qualified signature creation device. Please refer to the selected provider to have the detailed information. 16.4 What are the requirements for the Trusted Service Provider selection? The suitable provider needs to provide a secure physical device (smart card or a USB stick) containing one Authentication Certificate. Regarding the electronic signature, the required certificate must be QCert for Esig (Qualified certificate for electronic signature) meaning that the user can sign with a valid qualified electronic signature according to eIDAS. Once you have selected a provider, you need to contact it and ask for:An Authentication Certificate: where the “Key usage” extension is “Digital Signature” and this certificate must be delivered on physical device,An electronic Signature Certificate: where ”key usage” extension is “Non-Repudiation” and this one is not necessary to be on a physical device. 16.5 Do we need a qualified certificate for each individual person or organization wide? The qualified certificate is used to identify the user of the CMS and it is linked to him/her, so it must be an individual certificate. 16.6 How to acquire my physical authentication device (smartcard or USB Stick)? The Smart Card or (USB Stick) with valid Authentication certificate, delivered by a provider that can be found EU Trust Services portal.To get your certificate and a device you need to: 1. Visit the Website to check the Authorized and compliant EU Trust Services providers.2. Select the desired country 3. Select the desired providerOnce you have selected a provider, you need to contact it and ask for:An Authentication Certificate: where the “Key usage” extension is “Digital Signature” and this certificate must be delivered on physical device. 16.7 How can the certificate be installed on a laptop? As for all client authentication certificates needed to access a website via strong authentication, certificates need to be installed in the certificate store of the machine, so that they are visible from the browser from which the CMS is accessed. Instructions and tools are provided by the supplier for Windows and Mac.Only the tool(s) or driver(s) required by the Authentication Device provider (smartcard reader, usb stick) will be installed. For more details, please consult the supplier’s documentation or website 16.8 Can I use my European Patent Office smart card (or card of the Federal Chamber of Notaries – Bundesnotarkammer, Deutsche Telekom…) to access the CMS? The UPC Case Management System (CMS) is an entirely new system which is tailor-made to the UPC’s requirements, including its Rules of Procedure. We would not be able to use existing Smart Card systems such as the EPO (for example) use; instead the UPC would need to roll out its own system.You can find one Trusted Provider who issue valid qualified electronic certificates on the EU Trust Services portal. 16.9 Will the access to CMS via Strong Authentication replace the current login process based on user name and password? Yes, the Strong authentication will replace the username and password in the login process. No other type of authentication will be recognized and accepted. 16.10 Will the Strong Authentication have an impact on the usage of API? The strong authentication will affect only how the user log in to the system. Therefore, it will be needed to access the CMS system and create the API-key but will not affect the usage of the API itself. To get the API Key, you need to connect on the CMS. This connection requires the Strong Authentication. As connected and recognized user (authentified via the smartcard and the underlying certificate), you can request the APIKey. Once you get this API Key, you can perform the API Calls independently from the Strong Authentication In summary and in the context of the API Calls, the Strong Authentication is only required to request / ask for the API Key. 16.11 Do I need two types of certificates to use the CMS? You need two certificates to be able to use the CMS. The first certificate (the Authentication one) is required to “log” in CMS. This certificate must be available on one physical device.The documents you will upload in the CMS must be electronically signed. For this purpose, you need to have one certificate supporting the Qualified Certificate electronic signature.Depending on the provider, the two certificates could be stored on the same device.While it is mandatory for UPC internal security rules to have the authentication certificate stored on a physical device (smartcard or usb stick), for the qualified electronic Signature certificate, it is not required to have it on the physical device. 16.12 I got my authentication device, how can I test it? Once you receive your device (and certificates), you can to test it with the functionality “Test my authentication device” available on the CMS login page:https://auth-secure.unified-patent-court.org/test-smart-card 16.13 How can I check that my certificates are compliant with the CMS requirements? The certificate required for the AUTHENTICATION (log in into CMS) must have the following characteristics:Issued by a CA/QC ( Certification Authority / Qualified Certified) (available on the EU Trust Services portal )Intended usage : Digital SignatureAnd of course with status =GRANTEDMust be delivered on a physical device (smart card or usb stick) The certificate required for the SIGNATURE must have the following characteristics:Issued by a CA / QC (Certification Authority / Qualified Certified) ) (available on the EU Trust Services portal )Type must be “QCert for Esig”Intended usage : Non repudiation ( in order to approved and certified the content of a signed document)Status = GRANTEDNot mandatory to be a physical device