Unified Patent Court Update

March 22, 2020

German Federal Constitutional Court Ruling Issued

For several years now, the potential establishment of a European Unitary Patent (UP) and an associated Unitary Patent Court (UPC) has hinged upon the participation of both the UK and Germany.

Both, for separate reasons, now appear unwilling or unable to participate.

The UK Government announced in late February 2020 that the potential role of the Court of Justice of the European Union (CJEU) in relation to the UPC was incompatible with Brexit.

The German Federal Constitution Court has today issued their long-awaited ruling, concluding that German participation would be unconstitutional.

With these decisions, the establishment of the UP and UPC looks increasingly less and less likely.