BREAKING NEWS: German Constitutional Court stops Unified Patent Court
Upon being asked to do so by the German Constitutional Court, the German Federal President has suspended the promulgation of the implementing legislation for the Unified Patent Court in Germany, which had already been approved by the German legislator. This has been announced by the national German newspaper Frankfurter Allgemeine Zeitung (FAZ) today (volume no. 135, page 18) citing hereby the Office of the Federal President.
As a result, the implementation process of the whole EU patent reform will be delayed for an indefinite period of time, because without ratification of the Unified Patent Court Agreement by Germany the Unitary Patent can also not enter into force.
Despite Brexit, the UK government had announced the participation of the UK, as reported here, and, accordingly, it had been expected that the European Patent Package will entry into force in the course of the year 2017. The Preparatory Committtee had just published a note last week on 07.06.2017 that the previously announced target date for the entry into operation of the Unified Patent Court, envisaged for December 2017, cannot be maintained.
The background is that a constitutional complaint as well as a parallel request for preliminary ruling against the implementing laws of the Unified Patent Court Agreement are pending with the German Constitutional Court (file no.: 2 BvR 739/17) which are “not a priori without chances of success”. In this situation, the German Constitutional Court has asked the Federal President to suspend the promulgation of the implementing legislation; says the Office of the Federal President.