According to a message of the UPC Preparatory Committee, this brings “the Unified Patent Court one step closer to its launch”.
“Thanks to the Slovenian ratification and following the recent ratification of the PAP-Protocol by the German government, one last ratification (or expression to be bound) is now necessary in order for the Court to enter the final phase of its set-up”, the Committee has stated.
The expectation is that Austria will be the decisive Member State and will be in a position to ratify the Protocol within months. Half August, the UPC Preparatory Committee wrote it expected this “to take place in a timely manner during autumn of this year”.
Two weeks ago however, the epi wrote that it expects “Austria could be able to ratify the Protocol on Provisional Application of the UPC Agreement as the thirteenth Signatory State before the end of Q1/2022.”
The epi has recently published an updated overview on the ratification process of the Unified Patent Court Agreement. It has been compiled by the epi Litigation Committee.
Once the last remaining ratification of the Protocol or an expression to be bound by it has been registered, the period of provisional application “and therefore the implementation of the UPC as an international organization” will be triggered, according to the UPC Preparatory Committee. “During this phase of provisional application, the following will take place, in particular: the adoption of the secondary legislation and the Court’s first budget, the completion of the electronic case management system including stress testing, the process to select and appoint the judges of the Court.”