A step forward towards the European unitary patent

PubliƩ le 28 September 2021

The process of adopting the European unitary patent system is still ongoing and we are monitoring it regularly.

The entry into force of the agreement on the Unified Patent Court remains conditional on its ratification by Germany, after that of France and Italy following the exit of the United Kingdom. In February 2020, the German Constitutional Court ruled that the Act of Parliament approving the agreement was invalid.

Since then, the German Parliament has passed a new Act allowing the agreement to be approved, but two summary proceedings have been filed against it.

On June 23, 2021, the Constitutional Court rejected these two summary proceedings.

This seems to be a sign that Germany is showing more willingness to move towards an early ratification of the agreement. Indeed, this should take place at the end of the year. If this is the case, the Unified Patent Court and the European unitary patent could enter into force in the first half of 2022.

We will continue to keep you informed.

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