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12 May 2021PatentsSebastian Fuchs, Schi-Hwa Chae and Tatiana Dolenko

UPC update: the roadblocks hampering the rollout

The EU Unitary Patent Package is now drawing closer to become reality as according to a recent estimate that the Unified Patent Court (UPC) is expected to start in 2022. However, new constitutional issues in Germany and Brexit might still pose significant obstacles, raising the question of whether this timing can be met.

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28 February 2020   The UK will not be seeking involvement in the Unified Patent Court, it was confirmed yesterday, despite the country’s ratification of the underlying agreement in April 2018.
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20 March 2020   The German Federal Constitutional Court has upheld the constitutional complaint filed against the country’s Unified Patent Court legislation, less than one month after the UK said it would not be seeking involvement in the system.