News

PATENT- UND RECHTSANWÄLTE | EUROPEAN PATENT AND TRADEMARK ATTORNEYS | ATTORNEYS AT LAW | CERTIFIED IP ATTORNEYS

Actual News: Guidelines for Examination in the European Patent Office

 

The UK government ratified the Unitary Patent Court Agreement.

After a long period of discussion, finally on April 26, 2018, the UK government ratified the Agreement on a Unitary Patent Court (UPC).


 

Since the Brexit vote in 2016, there were many speculations whether the UK would remain a part of the UPC system. Thus, it is good news for Europe that the UK government decided to ratify the UPC Agreement on World Intellectual Property Day this year. Although further discussion and negotiations will have to be carried out in view of Brexit, the UK will now definitely participat.

Since Germany still has to ratify the Agreement, though, people are waiting for the ratification of the Agreement by the German government, which will finally enable establishment of the UPC. However, a pending constitutional complaint in Germany prevents the ratification from the government, and it is currently expected that the Federal Constitutional Court will make a decision in 2018. If the complaint is determined to be inadmissible, then the German government would probably ratify the Agreement in 2018. If not, then a substantive investigation has to be carried out by the Federal Constitutional Court, and a substantive decision may not be made until the first half of 2019, which would postpone the entry into force of the Agreement. 


 

Authors: Oliver Hassa and Tobias Rossteuscher, May 2018