Lavoix - Blog UPC

The German Constitutional Court (Bundesverfassungsgericht) has delayed the ratification of the Unified Patent Court (UPC) Agreement (http://www.lto.de/recht/nachrichten/n/bverfg-stoppt-eu-einheits-patent-verfassungsbeschwerde/) as became known today.

The Constitutional Court has asked the Federal President of Germany to put the process of ratification on hold following a constitutional complaint filed by a private person. The Office of the Federal President informed the court that the process was “suspended” following the request. The constitutional complaint relates to the law ruling the Unified Patent Court, but as the two are closely related, the entry into force of the Unitary Patent has also been put on hold.

At this point, Germany and the UK have not yet ratified the UPC Agreement, which requires 13 signatories including those two countries plus France before the UPC can be launched.

Now, concerns have been raised that Germany will not be able to ratify the protocol on the provisional application for quite some time.

Those events will probably have a significant impact on the entry into operation of the entire UPC package.

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