UK ratifies the Unified Patent Court Agreement

Death of Her Majesty Queen Elizabeth II

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Death of Her Majesty Queen Elizabeth II

The staff at Franks & Co were saddened to learn of the death of Her Majesty Queen Elizabeth II. Our thoughts are with His Majesty King Charles III and the rest of the Royal Family.

The United Kingdom is now officially in a period of mourning until after the Queen’s state funeral which is to be held on Monday 19 September. Normal day-to-day business will continue throughout this period.

The UK government has declared the day of the funeral to be a national Bank Holiday, so the United Kingdom Intellectual Property Office will be closed on Monday 19 September.

The United Kingdom Intellectual Property Office’s official guidance on bank holidays is given below:

The office is deemed to be closed on weekends, Good Friday, Christmas Day and all England and Wales bank holidays for all types of business, except for the filing of new applications not claiming priority. If documents are filed for these types of business at times when the office is deemed to be closed, they will receive an official filing date of the next working day.

Any official time period which expires on a weekend or any other day on which the office is closed is extended to the next working day.

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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).

EPO office Munich

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 4, 2018