The unitary patent and the establishment of the Unified Patent Court are back on track, according to a document from the Slovenian Presidency of the Council of the EU which gives a favourable assessment of the situation and which is due to be discussed by the Ministers of the Competitiveness Council (see EUROPE 12799/7) on Wednesday 29 September.
The triggering of provisional application of the Agreement on a Unified Patent Court (UPCA) is an essential step to ensuring the launch of the unitary patent system, as provided for in the Protocol to the Agreement on a Unified Patent Court on Provisional Application (PPA).
Germany, after the rejection by the Constitutional Court of appeals against ratification (see EUROPE 12777/6), expects to deposit its instrument of ratification at the end of the month, it says. Slovenia is about to do so very soon, as is Austria.
“Once the ratifications of the PPA by Germany, Slovenia and one other participating Member State are completed, the provisional application phase will begin”, the document states.
The provisional application period should then last between six and ten months, suggesting a launch of the new jurisdiction in mid-2022. During this period, important operational preparations will take place, such as the adoption of the UPC’s secondary legislation, including its rules of procedure, the establishment of the Court’s budget, the final configuration and testing of the electronic case management system, the recruitment of judges and administrative staff, including the staff of the Patent Mediation and Arbitration Centre.
To consult the document: https://bit.ly/3oep88Y (Original version in French by Pascal Hansens)