The German Federal Constitutional Court has now issued its long-awaited decision (source) in case 2 BvR 739/17 which was a complaint against the German Ratification Law under which Germany was to ratify the UPC.
The complaint succeeded on purely procedural ground in that the law was not passed by the required two-thirds majority of the members of the Bundestag (the vote in favour was unanimous, but insufficient members voted). However, the more substantive grounds of the complaint failed.
Therefore, it will be possible for Germany to ratify the UPC (or an amended version of it which doesn't involve the UK) so long as voting procedure is properly followed.
Timescale for any progress of the UPC is uncertain, in particular because it will need renegotiating after the UK announced it would no longer be taking part.
Coronavirus - UK IPO, EPO and EU IPO extensions and support
A simple overview of the current status from IPOs. Last updated 18th May 2020.
Morgan Motors Case Study
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UPDATE - UK IPO support for those affected by Coronavirus
Exceptional extensions of time limits at the EUIPO to end on 18 May 2020.
The Executive Director of the EUIPO has announced that the all time limits on trade mark and design matters at the EUIPO expiring between 9 March 2020 and 17 May 2020 will expire on 18 May 2020. The EUIPO is not extending these time limits further.
If you have any questions then please get in touch with your usual Wynne-Jones contact.
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
Last updated: 30 April 2020
The Executive Director of the EUIPO has today (29 April 2020) issued a decision regarding extensions for all time limits on trade mark and design matters at the EUIPO. In accordance with these decisions, all time limits expiring between 9 March 2020 and 17 May 2020 inclusive are extended until 18 May 2020.
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)”
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.