Tag Archives: Protocol to the Agreement on a Unified Patent Court

The Protocol on the Provisional Application of the UPC Agreement

The Protocol to the Agreement on a Unified Patent Court on provisional application (the PAP-Protocol) was initially signed on 1st October 2015 to establish a Phase of Provisional Application (PAP)  to ensure « a smooth transition into the operational phase and ensure the proper functioning of the Unified Patent Court before the entry into force of the Agreement on a Unified Patent Court ».

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The current state of play towards the set up of the Unified Patent Court

The Unified Patent Court Agreement will enter into a provisional preparatory stage once 13 signatory states of the Agreement including Germany, France and the United Kingdom and having ratified said Agreement have ratified or expressed their consent to be bound by the Protocol on Provisional Application (A.3(1) of the Protocol).

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The German Federal Government officially ratified the UPC Act of Approval on August 13th.

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.

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