The UK has ratified the UPC

May 2018

After a lengthy delay in the aftermath of the Brexit decision, the UK Government finally completed ratification of the Unified Patent Court Agreement on 26 April 2018.

Although ratification by the UK does not guarantee its future participation in the UPC and Unitary Patent after Brexit (which will be a matter of negotiation with the EU Member States), it has now left the onus on Germany to provide the final mandatory ratification that will enable the UPC and Unitary Patent to come into existence.

In Germany, the filing of a complaint before the Federal Constitutional Court (FCC) in March 2017 resulted in the signature of the legislation necessary to ratify the UPC by the German President being stayed. The FCC must now decide whether to admit the complaint at the preliminary stage, the 'acceptance procedure', or reject it. This decision is expected soon and it will determine the timescale for the implementation of the UPC and Unitary Patent (see our April update in Synapse).

If you have any questions on this article or would like to propose a subject to be addressed by Synapse please contact us.

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Paul England

Paul is a senior associate and professional support lawyer in the patents group based in our London office.

"UK ratification has left the onus on Germany to provide the final mandatory ratification."