One step closer...UK ratifies the UPC Agreement

One step closer...UK ratifies the UPC Agreement

It has now been announced that the UK has ratified the Unified Patent Court Agreement (UPCA). This takes the Unified Patent Court one step closer to becoming an operational international court.

The Unified Patent Court (UPC) will be an international court having jurisdiction over patent disputes across all of its contracting states. The UPC will be able to provide a single judgement that has cross-border effects. However, to come into force, the UPCA requires ratification from 13 Member States including the UK, France and Germany. 16 countries (including the UK and France) have now ratified the UPCA, meaning that it is now only Germany who still needs to ratify the UPCA before it can come into effect.

Whilst the UK’s ratification of the UPCA is an important step in establishing the UPC, ratification by Germany will still take some time. Germany will not be able to ratify the UPCA until after a decision has been reached on a challenge before the German Constitutional Court (and only then if the court finds that German ratification is lawful).

Before the UPC comes into effect, there are still a number of hurdles that must be overcome and a number of uncertainties that must be resolved, for example, what impact will Brexit have? Consequently, there is no immediate change for patent owners in the short-term. However, this announcement could serve as a tipping point for IP attorneys to make sure their clients are well-informed and best protected if and when the UPC eventually comes into force.

If you have any questions about what the UK’s ratification of the UPCA means for you

 Get in touch

Related News

news

Coronavirus - UK IPO, EPO and EU IPO extensions and support

A simple overview of the current status from IPOs. Last updated 31st March 2020. 

EPO announces extensions to deadlines due to COVID-19
news

EPO announces extensions to deadlines due to COVID-19

On Sunday 15 March 2020 the EPO published a notice advising it is invoking the provisions of Rule 134(2) EPC, and has extended all periods expiring on or after publication of the notice to 17 April 2020. This may be extended by the EPO upon publication of a further notice.

EUIPO extends all deadlines for Community Design and European Union Trade Marks
news

EUIPO extends all deadlines for Community Design and European Union Trade Marks

The Executive Director of the EUIPO has today (16 March 2020) issued a decision regarding extensions for all time limits on trade mark and design matters at the EUIPO. In accordance with the decision, all time limits expiring between 9 March 2020 and 30 April 2020 inclusive are extended until 1 May 2020.

news

UK IPO announces support for those affected by coronavirus

In brief, the UK IPO has indicated that it will use its discretionary powers (on a case-by-case basis) to extend time limits where possible under national and international law.

*Update* “EPO Board of Appeal finds Broad Institute’s CRISPR patent to lack valid priority claim and upholds revocation of patent (T 0844/18)”
news

*Update* “EPO Board of Appeal finds Broad Institute’s CRISPR patent to lack valid priority claim and upholds revocation of patent (T 0844/18)”

Earlier this year, we reported on the EPO Board of Appeal’s decision to uphold the revocation of the Broad Institute’s CRISPR patent (here). Now it appears that the Broad Institute is gearing up to put forward a petition for review by the Enlarged Board of Appeal as a last resort to save their patent.

news

The UPC is dead, long live the UPC!

European patent attorneys have been getting excited about the Unitary Patent (UP) and Unified Patent Court (UPC) for years, writing articles, and giving talks and presentations about the ins-and-outs and twists-and-turns of the whole thing. So what is the current situation? What has happened now?

UPDATE - UK IPO support for those affected by Coronavirus
news

UPDATE - UK IPO support for those affected by Coronavirus

The UKIPO has now certified that a ‘period of interruption’ began on Tuesday 24 March 2020.

aipex logo aipex logo aipex logo