Contrary to all expectations, the German government wants the Unitary Patent project to go ahead as soon as possible, despite the recent ruling of the Federal Constitutional Court, declaring void the Act of Approval of the UPC Agreement. In a press release of 26 March 2020, the German minister of Justice and Consumer Protection, Christine…

by Dr. Simon Klopschinski In the wake of the evolving Corona pandemic the German government intends enacting amendments to the German Act on the Prevention and Control of Infectious Diseases in Humans (Gesetz zur Verhütung und Bekämpfung von Infektionskrankheiten beim Menschen – Infektionsschutzgesetz – IfSG), which could also have an impact on patents. The bill…

“Despite the fact that the judgement will result in further delay the preparatory work will continue, while the judgement and the way forward is further analysed.” Within hours the Preparatory Committee of the Unified Patent Court had published its reaction to the ruling of the German Federal Constitutional Court in the complaint against the ratification of…

By Hetti Hilge/Dr. Simon Klopschinski Today the German Federal Constitutional Court (FCC) has declared the German law ratifying the Agreement on a Unified Patent Court (UPC Agreement) to be unconstitutional and void (see here). On 31 March 2017 a private person filed with the FCC a constitutional complaint against the German act of parliament approving…

On Friday 13 March 2020, Birss J handed down a pair of judgments in the litigation between Evalve (a member of the Abbott group of companies) and Edwards Lifesciences, a veteran of UK patent litigation over the past decade. In the first judgment Evalve’s two UK patents, EP (UK) 1 408 850 and EP (UK)…

The Federal Constitutional Court in Germany has announced it will publish its decision on the constitutional complaint against German ratification of the Unified Patent Court Agreement (UPC) (case 2 BvR 739/17) on Friday 20 March 2020 at 9.30 am. According to the FCC’s press release, the decision is being made by the Senate (sitting with…

The EPO’s biennial fee increases come into force on 1 April 2020 and include a 20% hike of the appeal fee. At the same time, new appeal fee refund provisions are being introduced through an amendment to Rule 103 EPC. These are intended to encourage appellants to continuously review whether to continue or withdraw their…