Germany
All eyes on Germany as UPC is resuscitated at Bundestag and Bundesrat
By Louise Jonshammar | Posted on December 18, 2020
German ratification of the UPCA is one of the last hurdles for the Unitary Patent system. The system has suffered a series of delays ever since an agreement was reached in 2012 that made the Unitary Patent possible through enhanced cooperation at an EU-level. The Unitary Patent system aims to provide easier and affordable access...
Tags: Bundesrat, EU, Europe, European patents, Germany, patents, unitary patent, UPC, UPCA
German Court finds Unified Patent Court legislation unconstitutional
By Niklas Mattsson | Posted on March 20, 2020
Today, the court tasked with upholding Germany’s constitution, the Bundesverfassungsgericht, has issued its long-awaited decision on a complaint against ratifying the Unified Patent Court Agreement (UPCA). The Court’s decision upholds the complaint, finding that the German legislative act that ratifies the UPCA does indeed contravene the German constitution. The German Federal President is now prohibited...
German decision on UPC expected in early 2020
By Louise Jonshammar, Niklas Mattsson | Posted on December 4, 2019
In an interview with IP industry publication Managing IP, Justice Huber of the German Federal Constitutional Court stated that the UK’s decision to leave the EU was of no concern to him and that, depending on the time it takes him and the other judges to deliberate, it is his intention for the Court to...
Brexit may stall Germany’s ratification of the UPCA
By AWA | Posted on August 26, 2019
The German Justice Ministry expressed earlier this month that the government will not ratify the Unified Patent Court Agreement (UPCA) until the implications of Brexit are clear. A letter from the Ministry in answer to questions of parliament stated: “The issue of the withdrawal of the United Kingdom from the European Union (so-called Brexit) and...
Tags: Brexit, EU, Germany, patents, unitary patent, UPC, UPCA
Fourteen countries have now ratified the UPC
By AWA | Posted on September 5, 2017
Despite the uncertain situation in the UK and Germany, other EU member states seem to continue to ratify the UPC agreement. The latest states to join those who have already ratified are Estonia and Lithuania, of which both deposited their instruments for ratification during August. The complete list can be found here. Before the new...
Utility models are not what they used to be, at least not in Germany
By Kim Garsdal Nielsen | Posted on September 7, 2009
The German Supreme Court (Bundesgerichtshof) has ruled that there cannot be any difference between patents and utility models in the requirement for inventive step. Consequently, it will in most cases no longer make any sense to branch off a German utility model from a patent application if the latter is rejected because of lack of...
Tags: Germany, patents, utility models
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