According to Article 48(2) of the Agreement on the Unified Patent Court (UPCA), parties may be represented by European Patent Attorneys who are entitled to act as professional representatives before the European Patent Office and who have appropriate qualifications such as a European Patent Litigation Certificate (EPLC). 

During a transitional period of one year from the entry into force of the UPCA the successful completion of one of several enumerated courses or the grant of one of several enumerated certificates will be deemed as appropriate qualifications. This follows from Rule 12.1 of the Rules on the EPLC, also known as the “Grandfather Clause”. Bearing in mind that the UPCA entered into force on 1 June 2023, the transitional period is soon coming to an end. 

The Registry therefore kindly reminds European Patent Attorneys who wish to benefit from the Grandfather Clause, and still haven’t done so, that they will need to file a request via the CMS to be registered on the list of entitled representatives by the deadline of 1 June 2024.  Bearing in mind this deadline falls on a Saturday, it is extended to3 June 2024, in line with Rule 301.1 RoP.

The Registry takes this opportunity to also inform that, to date, four courses/certificates have been granted the EPLC accreditation by the UPC Administrative Committee, and this in view of a registration under Rule 1 of the EPLC Rules- please consult our “Representation” page for a list of those courses/certificates, which will be updated regularly.