UPC
Is 1 April 2023 the date for entry into force of the Unitary Patent?
By Louise Jonshammar, Niklas Mattsson | Posted on October 7, 2022
On 6 October, the UPC Preparatory team published information that they are currently planning for entry into force of the UPC Agreement on 1 April 2023, with the Unified Patent Court (UPC) opening its doors and starting to receive cases as from that date. If that plan holds, this will also be the day from...
Filed under: Insights
Tags: unitary patent, UP, UPC
Everything you need to know about the Unitary Patent
By Louise Jonshammar | Posted on February 23, 2022
It has been almost a decade since 25 EU Member States signed the Agreement on a Unified Patent Court. Delays from the UK exiting the EU and constitutional complaints filed in Germany caused an uphill battle, but finally, preparations are underway for the common patent and a common patent court. Where are we? For almost...
Tags: unitary patent, UPC, UPCA
Was this the last hurdle for German UPCA Ratification?
By Niklas Mattsson | Posted on July 12, 2021
At the end of 2020, German ratification of the Agreement on a Unified Patent Court (UPCA) looked promising as the German parliament (Bundestag) was approved with the required two-thirds majority. However, two applications before the German Constitutional Court (FCC) for preliminary injunctions against ratification delayed the final steps for the act to be promulgated. This...
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...
Filed under: Insights
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...
UK is out of the Unified Patent Court
By Niklas Mattsson | Posted on March 2, 2020
The United Kingdom’s government has confirmed to industry publication IAM-Media that the country will not be a member of the Unified Patent Court system. A spokesperson for the government 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...
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
A closer look at the countries that have ratified the UPC
By AWA | Posted on May 4, 2018
Considering that the UK now has ratified the UPC agreement, the entry into force of the system seems imminent although the German Federal Constitutional court still have to settle the complaint filed during 2017. If the complaint is dismissed, we will probably see the UPC opening up in 2018. Out of the 25 EU member that...
Good and less good news for British IP professionals
By AWA | Posted on February 14, 2018
For some British IP professionals all is about to change with regards to European intellectual property practice – but for others nothing will change at all. At a meeting between the EPO and the Chartered Institute of Patent Attorneys (CIPA) in late January, it was confirmed that European patent attorneys who are based in the UK...
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