UK ratifies UPC Agreement

At an event marking World IP Day yesterday (26 April 2018), IP Minister Sam Gyimah MP announced that the UK has ratified the Unified Patent Court (UPC) Agreement.  This confirms the UK’s participation in the new system and marks a major step towards the implementation of the UPC.

For the Agreement to come into force, only ratification by Germany is now required. Whilst the German parliament has passed the draft legislation required to ratify the Agreement, the process has been held up following a constitutional complaint.  The case is due to be heard by the Federal Constitutional Court of Germany this year, and if dismissed, will pave the way for German ratification of the Agreement and entry into force of the UPC.

Before the UPC comes into force, proprietors of existing European patents and published patent applications will have the option to opt-out of the UPC should they wish to do so. If you hold any existing European patents or published patent applications and would like advice on preparing for the UPC and developing your opt-out strategy, please contact any of our attorneys.

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