The request for unitary effect in pending EP application proceedings
With the Protocol on the Provisional Application of the Unified Patent Court Agreement (UPCA) in force since mid-January, the penultimate step towards the Unified Patent system has been achieved. From now on final preparations can be initiated such as appointing judges, implementing user-friendly IT systems and re-allocating court sections that...
German Federal Constitutional Court paves way for UPC
The German Federal Constitutional Court announced on 9 July that it rejects the urgent applications against the Act on the Agreement of 19 February 2013 on a Unified Patent Court as inadmissible. Even though the decision was only on the motion for a preliminary decision, it is to be expected that the Federal President will now sign the Act and that...
UPC ratification - the wait goes on, but for how long?
German legislation regarding UPC, which is required for UPC’s ratification, is on hold pending a decision from the German Federal Constitutional Court. We expected a decision on January 12, 2021, yet nothing occurred. According to our sources, the Office of the Federal President has been informed by the Constitutional Court that a decision on the...
In the legislative process for the ratification of the UPCA by Germany, a further step has been completed last Friday, December 18, 2020: After the adoption in the German Bundestag on November 26, the German Bundesrat has now also approved the Ratification Act with the required 2/3 – majority.
This approval has to be countersigned by the Federal...
On November 26, 2020 German Parliament has passed the bill on the UPC – for the second time, yet this time with the needed 2/3-majority. The lower house is expected to pass the bill on December 18, 2020. Thereby, the path has cleared to the UPC opening its gates and unitary patents being available. Formal steps have yet to be taken. However, the...
Next setback for the UPC - Decision by German Constitutional Court
Only three weeks after UK’s withdrawal, the UPC suffered a hard setback by the German Constitutional Court: In its recently published decision dated 13 February 2020, the court declared the German Act of Accession to the UPCA (“Act”) to be void.
According to the Court’s statement, the lack of a two-thirds majority upon adoption by the German...
The UK has ratified – UPC ante portas? All Eyes on Germany’s Constitutional Court
Following a period of silence about the UPC, the UK has now ratified the UPC Agreement. The fate of the UPC is now in the hands of the German Constitutional Court as they decide whether the German Act on ratification of the UPC agreement is in line with the German Constitution.
House of Lords approves UPC – Germany is silenly waiting for its Constitutional Court
On December 12, 2017 the House of Lords has approved the UPC-Package. What is left to bring UK’s ratification process is to have the Package pass the Privy Council for Scotland and England - a mere formality. Subsequently, the British government can submit the ratification document in Luxembourg leaving Germany to be the one country everybody waits...
The committee has announced that it is “working under the assumption” that the provisional application phase will start at the end of spring 2017 that is the sunrise period during which opt-out is possible.That would be May 2017. The committee said that the court could open its gate in December 2017. While this is a promising announcement there is...
Contrary to our beliefs, the UK has voted for leaving the EU. This will delay the opening of the gates of the UPC. Article 89 of the UPC Agreement provides that the Agreement shall only enter into force in case the three Member States in which the highest numbers of European Patents had effect have ratified the Agreement. That includes the UK....
Little has been discussed more in the drafting process than the possibility to exclude a pa-tent or patent application from the entire package. The opt-out provisions to be ob-served are Articles 83 (3) and (4) UPCA and Rules 5.1 to 5.13 RoP. While on its face eve-rything seems to be easy (“You file an opt-out with the UPC and you are out”), many...
Preparatory Committee for the Unified Patent Court
Rules on Court fees and recoverable costs I. Draft Proposal for A – an amendment of Rule 370 of the Rules of Procedure B – a table of fees C – a scale of ceilings for recoverable costs
Draft Rules 1 – 24 relating to unitary patent protection – consolidated version Implementation at the European Patent Office of Regulations (EU) No 1257/2012 and No 1260/2012.
The First Decision on the Unitary Patent: the Court Dismissed the Actions of Spain and Italy
In this recent decision, the Court ruled upon the Council’s decision to authorise the enhanced cooperation in the area of the Unitary Patent. The dismissal of two actions (with similar pleas) filed by Italy and Spain could have been a precedent on when and how EU Member States can make use of the tool of enhanced cooperation in general. However,...
REGULATION (EU) No 1257/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection
COUNCIL REGULATION (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements
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