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Earlier this year, Germany’s parliament voted to ratify the UPC Agreement.  However, news that Germany’s Constitutional Court was considering whether the legislation was constitutional subsequently emerged earlier this summer. Now, while the identity of the complainant and motives behind the complaint remain unknown, details have emerged from the Constitutional Court in Karlsruhe regarding the grounds of the legal challenge, in response to a multitude of requests from the patent community at large.

The complexity of the case, as it now emerges, is likely to result in a significant delay to, and could even potentially jeopardise entirely, Germany’s ratification of the UPC Agreement. The Karlsruhe court has declined to give any indication of when the pending challenge will be decided, saying only that “a specific date for the decision is presently not foreseeable”. For further background please refer to our Out-law article here.

25 Aug 2021