Unitary patents and the Unified Patent Court—historical background and development [Archived]
Produced in partnership with Bristows
Unitary patents and the Unified Patent Court—historical background and development [Archived]

The following IP practice note produced in partnership with Bristows provides comprehensive and up to date legal information covering:

  • Unitary patents and the Unified Patent Court—historical background and development [Archived]
  • Why has this Practice Note been archived?
  • UK’s withdrawal from the UP/UPC system
  • German Federal Constitutional Court decision
  • Historical background and concepts
  • The European Patent Convention and European Patent Office
  • European Patent Litigation Protocol and Agreement
  • Draft Community Patent Regulation in 2000
  • The London Agreement and translation
  • Spain and Italy—language dispute
  • More...

ARCHIVED: This Practice Note has been archived and is no longer maintained.

Why has this Practice Note been archived?

In 2020, the political and legal landscape changed with the UK’s withdrawal from the unitary patent (UP)/Unified Patent Court (UPC) system and the German Federal Constitutional Court’s decision to uphold a complaint against the UPC Agreement. It was unclear whether there would be political appetite to re-launch the UP/UPC project but serious delay was inevitable and many commentators suggested the project was dead for the foreseeable future. Consequently, this Practice Note was archived.

UK’s withdrawal from the UP/UPC system

In July 2020, the UK made its final preparation to withdraw from the UPC project. The UK withdrew its ratification of the UPC Agreement and the UPC’s Protocol on Privileges and Immunities, and its consent to be bound by the UPC Agreement’s Protocol on Provisional Application. For more information, see the UPC Preparatory Committee announcement and LNB News 22/07/2020 33.

German Federal Constitutional Court decision

On 20 March 2020, the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) published the long-awaited decision by its full Second Senate regarding the UPC. In this decision (which was only available in German although the court issued an English language press release), the constitutional complaint against the legislation required for Germany to ratify the UPCA was upheld. The key take home message was that the complaint was upheld

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