One step closer to the UPC

Last Friday, the German Bundesrat approved the Unified Patent Court Agreement, approved by the Bundestag three weeks ago.
Now, the third and final step, the signing of the agreement by the government and the Bundespräsident, is the only thing missing for the completion of the German UPC process.

The UPC is dependent on the full ratification in Germany before it may enter into force, and everyone’s eyes are therefore focused on the FFII (The Foundation for a Free Information Infrastructure) and on Ingve Stjerna, who both declared that they will once again file complaints with the German Federal Constitutional Court (FCC) in order to stop the ratification.

In 2017, the FCC requested that the German Bundespräsident did not sign the UPCA ratification bills that had just passed through parliament. It is not clear whether a similar request from the FCC will follow automatically if and when new complaints are filed.

If no further obstacles should delay the process, the provisional application phase of the UPC could begin in the first quarter of 2021, and the UPC could open late 2021 or early 2022.