Update On Political Developments Concerning The UPC And Brexit

The Unitary Patent Package

Much has been written about the Unitary Patent (UP) and Unified Patent Court (UPC). However, progress in bringing the system into force has encountered a number of "bumps in the road". The trigger for entry into force is the ratification of the UPC Agreement by the UK and Germany.

The first major threat to ratification was the UK's vote to leave the EU. However, to the surprise of some, the UK has steadily proceeded with the domestic legislation needed for ratification and is expected to be in a position to ratify the Agreement by the end of 2017.

Germany was also making steady progress towards ratification until the German Federal Constitutional Court (FCC) received a complaint alleging that Germany's ratification would be contrary to the provisions of that country's constitution. In response, the FCC requested that the German President delay ratification of the UPC Agreement by Germany until the complaint is resolved. Rather