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German Constitutional Court to announce decision on Unified Patent Court on March 20

Germany
19/03/2020
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The German Federal Constitutional Court has announced on its website that it will publish its decision regarding the German Ratification Act and the constitutional complaint against the Unified Patent Court Agreement (UPCA) on 20 March 2020.

There will not be an oral hearing ahead of the decision. This announcement by the German Federal Constitutional Court caused some surprise in the legal community since the constitutional complaint has been in the case list for the last two years, but had not yet been ruled on.

Reporting judge Prof. Dr. Peter Huber had indicated in an interview in late 2019 that a decision might be rendered during the first quarter of 2020. Additionally, it was recently disclosed that the German parliament decided in September 2019 to instruct an attorney of record and to file another statement in the proceedings, which indicates that the German Federal Constitutional Court had made this request.

It remains to be seen whether the German Federal Constitutional Court holds the German Ratification Act constitutional, which would clear the way for the long awaited Unified Patent Court. Even when the constitutional court renders a ruling, it is still unclear what barriers the UPCA must then pass through in light of the UK's pending withdrawal from the system.

We will immediately follow-up on the German Federal Constitutional Court’s decision after its publication. For more information of the ramifications of this ruling, contact your regular CMS advisor or local CMS experts:

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