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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...

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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...

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UPCA Approval by German Bundesrat

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...

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German Parliament Passed Bill On UPC

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...

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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...

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UPC – Ratification Process not affected by Brexit

Procedural Steps and Timing after a Dismissal of Germany’s Constitutional Complaint
Still more Constitutional Law than IP


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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. 

Ratification by Germany

Ratification proceedings in Germany have...

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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...

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Announcement provisional application phase

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...

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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....

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