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The Unified Patent Court is delayed - the German Federal Constitutional Court slows down the process.

16. juni 2017

The Preparatory Committee for the Unified Patent Court (UPC) has announced that the original roadmap for when the Unitary Patent Treaty (UP) and the UPC may enter into force must again be revised. Previously, the committee has announced that everything should be in place in December this year, but the date has now been postponed indefinitely.

The validation of the treaty requires that at least 13 countries have ratified the agreement. However, the three countries with the most patent applications must be among the countries that accede to the Treaty, and that is the United Kingdom, Germany and France.

France has signed, but the timetable had not taken the general election in the UK into account and now, perhaps an even bigger problem has emerged:

The German Federal Constitutional Court in Karlsruhe has recommended that the German government pause the process. This is because the court has received a complaint about the content of the treaty which - according to the anonymous complaint - violates the German constitution. The court has informed the German government that the complaint is "not without substance". The Federal Constitutional Court is the supreme legal authority for constitutional issues in Germany.

"Obviously, we monitor the situation closely and continuously assess the consequences it will have for our clients and the patent system as such," promises CEO of Chas. Hude, Marianne Johansen

You can read the news from the UPC here:

You can read about the situation in Germany here (in German):