On March 20, 2020 the Federal Constitutional Court ruled that the the German UPC Act of Approval is void. This decision came only after the British left the EU and after the British made it clear that they have no interest in becoming a part of the UPC system.
As a result, we will see the next step of implementing a European patent law system without the British after the Brexit.
The German government already indicated in August 2019 in the response to a so called “Kleine Anfrage im Bundestag” that after Brexit the European patent system and the UPC would have to be reconsidered on a European level. Thus, we might not see another presentation of the same German UPC Act of Approval to the parliament but rather a new start in the negotiations of a European patent law system.
Robert Schnekenbühl
Partner | Attorney-at-law (DE) | Certified IP Lawyer |
Patent Attorney (DE, CH) | European Patent Attorney | M.Sc. StAndr (Dipl.-Phys.)