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German Constitutional Court Holds up German Ratification of Unitary Patent Court Agreement

13 June 2017

It is being reported today that the German Constitutional Court has asked the German Federal President not to ratify the Unified Patent Court Agreement (UPCA) for the time being.  The request is the result of a complaint (Az.:2BvR 739/17) made to the Constitutional Court by an unnamed person.  Details of the complaint are somewhat unclear at present, but the Court is reported to consider the complaint “not wholly without merit” (“nicht von vorneherein aussichtslos”).

In order for the UPCA to come into force, ratification by both Germany and the UK is still required.  The preparatory committee of the UPC has already confirmed that the preliminary timetable set out in March is no longer achievable and that the UPC will not begin to operate before the end of 2017.  This latest setback will likely delay the coming into force of the UPCA yet further, probably at least until spring 2018.

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