The United Kingdom Minister for Intellectual Property, Sam Gyimah MP, confirmed on 26 April 2018 that the UK has ratified the Unified Patent Court Agreement (UPCA).
The entry into force of the Agreement, and thus the commencement of operation of the Unified Patent Court, requires 13 ratifications, which have to include France (ratified), Germany, and the UK (ratified). By now, 16 Member States of the 25 EU Member States, which have signed the Agreement, have ratified the Agreement.
The German ratification is still pending due to a complaint filed before the German Federal Constitutional Court concerning the law passed by the German Parliament on the implementation of the Agreement. The Constitutional Court has listed the complaint to be dealt with this year.
The Unitary Patent Package includes two EU regulations relating to the Unitary Patent, which will enter into force at the same time the agreement enters into force. The Unitary Patent will provide a unitary patent instrument for EU Member States as a complement to the so-called classical European patents.
The Unified Patent Court will provide a single court for disputes relating to both the Unitary Patent and European Patents.
(Source: UK intellectual property office)
The European patent organisation is independent intra-governmental body and is not a European Union institution. European patents include all EU member states plus additional states who are not members of the European Union.
Article Published May 4th, 2018
