Bulgaria one step closer to the Unified Patent Court

Bulgaria has now deposited its instrument of ratification of the Unified Patent Court (UPC) Agreement's Protocol on Provisional Application (PPA) on 24 July 2018, with the EU Council's General Secretariat. Bulgaria ratified the UPC Agreement already on 3 June 2016, and consequently signed the PPA on 11 September 2017. However, the signature was subject to ratification in order to constitute binding consent. The PPA allows for e.g. the provisional application phase to come into force and other administrative functions to start operations, and Bulgaria has now met the requirements of Article 3 PPA.

In addition to Bulgaria, France, the UK and eight other countries (Belgium, Denmark, Estonia, Finland, Italy, Luxembourg, the Netherlands and Sweden) have also completed this part in order for the UPC to become operational. However, since both the ratification of the UPC Agreement and PPA has been put on hold in Germany, because of the constitutional complaint which has not yet been settled, the provisional application phase will not start until Germany moves forward, together with one more country.