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After publishing a list of cases to be heard during 2018, Germany’s Constitutional Court seems unlikely now to dismiss the complaint filed last year challenging the constitutionality of the proposed Unified Patent Court project without a full hearing. It is likely to be 2019 at the earliest before Germany can complete ratification of the UPC Agreement if the case is dismissed. If the constitutional case succeeds,  this would effectively end the UPC project at least in its current guise.

More positively, the UK has completed its final legislative step before ratification.  The decision of whether and when the UK will ratify will be driven by the Brexit negotiations; we expect the UK government to seek a commitment that the UK can continue to participate in the unitary patent system after the UK leaves the European Union.  

For further information please refer to our Out-Law article here.


28 Feb 2019