BREAKING NEWS - German Federal Constitutional Court decides on UPC complaint

BREAKING NEWS - German Federal Constitutional Court decides on UPC complaint

The German Federal Constitutional Court has now issued its long-awaited decision (https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/EN/2020/bvg20-020.html) 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.

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.

news

EPO official fees to increase on 1 April 2020

The EPO adjusts its fees every two years. The EPO has now announced the next set of fee adjustments, which will come into effect on 1 April 2020. Full details of the fee increases are listed here and here. Overall, the EPO has implemented a general inflation-based 4% increase in official fees.

aipex logo aipex logo aipex logo