The Unitary Patent (UP) system is a planned future system for patent protection within (part of) the EU. Under the system, unitary effect can be requested for European patents which have been granted by the European Patent Office (EPO). A patent with unitary effect, or Unitary Patent, is intended to provide protection in up to 26 EU Member States and will not have to be validated in every single state. A Unified Patent Court (UPC) will have exclusive competence in respect of Unitary Patents (as well – after a transitional period – in respect of traditional European patents).
by Dr. Simon Klopschinski On February 13, 2020 the German Federal Constitutional Court decided that the German law ratifying the Agreement on a Unified Patent Court is void (see here). In the meantime the Constitutional Court has issued another sentence which deals with the European Central Bank’s bond-buying programme (see here). On May 13, 2020…
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…
“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…
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…
A parliamentary committee in the UK has asked the government to clarify its position on the Unified Patent Court (UPC). Although late February the office of Prime Minister Boris Johnson confirmed to several media that the UK “will no longer seek to participate in the Unitary Patent project”, an official statement has not been issued….
While real news about one of the most popular topics of this blog, i.e. the UPC, is rare and no one following our blogs regularly (see e.g. 2016, 2017, 2018 and 2019) should be greatly surprised about the UK’s decision to back out of the Unitary Patent System, the EPO continues to be a source…
The announcement of the UK government that it won’t participate in the Unitary Patent system has sent a shock wave through the European patent community. One issue is obvious from the reactions to the UK decision: the future of the system, which had been uncertain for some time due to the Brexit and the German…
Will the Unitary Patent project go ahead without the United Kingdom? According to Kevin Mooney, partner of Simmons & Simmons in London and closely involved in the creation of the Unified Patent Court, that is the biggest issue the remaining Member States will have to tackle now that the UK government has decided not to…
The UK will not be part of the UPC. The Office of Prime Minister Boris Johnson has confirmed this to IAM-Media. According to the website, spokesperson Baylee Turner stated: “I can confirm that the UK will not be seeking involvement in the UP/UPC system. Participating in a court that applies EU law and bound by…
