Progress on the Unified Patent Court Project – 21 September 2017

A case is currently pending in the German Federal Constitutional Court (FCC) concerning the law passed by the German Parliament on the implementation of the Agreement on the Unified Patent Court (UPCA). This will cause delay to the German ratification of the UPCA and the Protocol on Provisional Application.

We have, otherwise, been making good progress regarding the ratification of the UPCA where we now have 14 full ratifications and more in the pipeline, making it reasonable to expect that we will begin operations with closer to 20 contracting states. We are also very close to the 13 required ratifications of the Protocol on Provisional Application.

It is now difficult to predict any timeline. We are following the situation and will publish a further update when additional information is available.