Paris, 12 July 2021 – The establishment of the unitary patent (UP) and the unified patent court (UPC) is a chaotic road.
It will be recalled that the entry into force of the agreement on the unified patent court is subject to ratification by the three Member States where the greatest number of European patents produced their effects during the year 2012.
These countries are Germany, France and – since the UK’s withdrawal from the UPC Agreement – Italy. France and Italy have ratified the agreement several years ago.
In Germany, several constitutional complaints have been successively filed. In February 2020, a first decision of the German Constitutional Court declared the act of approval adopted by the German Parliament in 2017 invalid.
Some feared that the ratification process would stall.
A few days ago (decision of June 23, 2021, published on July 9), the German Constitutional Court rejected two preliminary injunctions which had been filed against a new act of approval voted by Parliament, on the grounds that the plaintiffs did not demonstrate the violation of their fundamental interests.
Thus, it seems that there is now a strong desire in Germany to see the process succeed: the deposit of the instruments of ratification by Germany could take place before the end of the year 2021, for the UPC and the UP to enter into force first half of 2022.
Great step forward, expected and requested by many of our customers for over 60 years.
Good things come to those who wait for…
Regimbeau’s teams are closely following these changes and are naturally at your side to advise you and to anticipate.
