Potentially Fatal Blow Dealt to Unified Patent Court

Publicado el 24 mar 2020

On March 20th, the German Federal Constitutional Court said the Act of the Approval of the UPC Agreement was void. Although it was passed by the Second Chamber of the Bundestag, it required a two-thirds majority in the main chamber and albeit those present voted unanimously in favor, there were only 35 members present.

The UPC Agreement was signed in February 2013, and had to be ratified by 13 EU member states, including the three largest patenting countries. The European patent with unitary effect would have provided unitary protection in all participating member states. It would have set up a single court, with branches across Europe, to hear disputes on the validity and infringement of European patents.

The UK decided not to take part in the UPC in light of Brexit. Spain and Poland decided not to participate, since the agreement involved compromises over issues such as language, jurisdiction and location. Nevertheless, Germany’s ratification would have brought the agreement into effect.

The UPC had been broadly supported by industry and patent practitioners in Europe as it would have made it simpler to protect and enforce patents in Europe.

It is likely that this latest setback will bring an end to the UPC project, maintaining the current system whereby European patents are enforced separately in each member state.