Unitary Patent System Back On Track?

The European Commission has called on EU member states to rapidly roll out the long proposed unitary patent system. This means that the Unified Patent Court (UPC) could be operational and Unitary Patents available in early 2022.

The unitary patent system was dealt a blow by Brexit, with the UK formally withdrawing from the system in July 2020. A constitutional challenge was also upheld in Germany to their proposed ratification of the UPC Agreement, owing to the legislation not having been approved by two thirds of the members of the German parliament (Bundestag). This cast great uncertainty over the future of the unitary patent system.

However, a new draft ratification bill was passed recently by the Bundestag, with the required two thirds majority. The European Commission see this as "the main missing step in ensuring the launch of the unitary patent system".