Lavoix - Blog UPC

The publication of the law in the Federal Law Gazette finally puts an end to the legal complications that have been blocking the german ratification process and, consequently, the establishment of the Unified Patent Court (UPC).

But this does not mean that the UPC can finally start to operate.

Before the UPC can actually open its doors, the period of the preparatory phase must begin.

Germany intends to ratify the Protocol on Provisional Application in early autumn.

According to this Protocol, some parts of the UPC Agreement will be provisionally applied before it becomes fully effective.

In order for this Protocol to enter into force, two more Member States of the UPC Agreement will have to sign it.

The enactment of this Protocol now relies on a prompt ratification process by the courts of the Member States.

According to Alexander Ramsay, head of the UPC Preparatory Committee, there could be a functioning UPC late in 2022, or possibly early 2023 « if everything runs smoothly ».

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