tag:blogger.com,1999:blog-5574479.post1803098374967937344..comments2024-03-28T09:05:22.006+00:00Comments on The IPKat: [BREAKING] UPC and Sunrise start dates pushed back by 2 months to 1 March 2023Verónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-52221000484956687922022-12-07T10:30:43.757+00:002022-12-07T10:30:43.757+00:00It is most urgent that the UPC provides a user man...It is most urgent that the UPC provides a user manual for the CMS and updated forms. Just an indication of the signature requirements for the mandate and the "application to opt out" would be very helpful. It is not acceptable that IT UPC gives an answer to an individual enquirer and this answer is "published" in a forum, eg epi.<br />There is no official information available on the API.<br />The FAQ are good, but these answers lack an output version or an "Authored: dd.mm.yyyy".<br />Clear communication from the UPC would solve most problems (except an insufficient number of trust service providers for SmartCards accepted by the UPC). Whether the communication alone will be coherent until 28.02.2023? Unfortunately, there are considerable doubts.<br />Concerned Usernoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-28054380527388566032022-12-06T17:44:12.952+00:002022-12-06T17:44:12.952+00:00Well, it seems that the answer to your question is...Well, it seems that the answer to your question is indeed "no".<br />https://www.epo.org/news-events/news/2022/20221206.html<br /><br />With regard to cases where decisions to grant are delayed, I am not sure what the EPO might do if there are further, unexpected delays to entry into force of the Unitary Patent Package. Again, though, the answer is probably nothing.Proof of the puddingnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-37006114733474244212022-12-06T11:21:19.742+00:002022-12-06T11:21:19.742+00:00Why would the EPO worry about aligning the date of...Why would the EPO worry about aligning the date of entry into force of their rules with the start of the sunrise period?<br /><br />If one starts thinking too much about the possible legal basis for the Decisions of the EPO President, then one can easily get in a right pickle. For example, one might consider Art 18(2) and (6) of Regulation 1257/2012. A straightforward reading of those provisions would indicate that unitary effect can only be requested once the UPC Agreement enters fully into force. As that is EU legislation, the PPA (which relates solely to provisional application of certain parts of an international treaty) is of no assistance.<br /><br />Of course, EU legislation is not (directly) binding on the EPO, and so the President (or the AC) is in theory free to issue Decisions that do not comply with EU law. The only trouble with that conclusion, however, is that the EPO has been tasked with applying and enforcing provisions of EU law. It is therefore rather an unsatisfactory situation if a body tasked with implementing EU law is not in any way obliged to implement it in accordance with the strict letter of that law.Proof of the puddingnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-38975440078911048472022-12-05T17:27:37.199+00:002022-12-05T17:27:37.199+00:00The EPO announced that they were going to be accep...The EPO announced that they were going to be accepting early requests for unitary effect from the 1st January 2023 based on a projected UPC start date of 1st April 2023. Has anyone heard whether the EPO will change that based on the recent delay to the UPC?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-37423978301694275612022-12-05T14:21:05.003+00:002022-12-05T14:21:05.003+00:00At 2 months, the delay is less than I would estima...At 2 months, the delay is less than I would estimate is absolutely necessary (to ensure that all those who want a working secure device can obtain one before the start of the sunrise period). We shall have to wait and see whether it is enough. The list of providers added to the UPC's website may help - though even this is doubtful, especially if one considers how few providers of working secure devices there are (for example, Germany has only one, which does not offer remote identification).<br /><br />Still no sign of a user guide or manual for the CMS, though. That really ought to be the UPC's top priority now. This is because being able to access the CMS is no use whatsoever if you do not know how to use it in a manner that complies with the requirements of the UPCA and Rules of Procedure.Proof of the puddingnoreply@blogger.com