German Constitutional Court reviews the implementing legislation for the unitary patent package
As recently made public by news media, the German Constitutional Court asked the German Federal President already on April 3, 2017, at first orally, then in writing, not to sign (off on) the implementing legislation for the Unitary Patent Package, due to a constitutional complaint by a private person.
The reason for this is that the German Constitutional Court needs more time to consider the constitutional complaint which suggests that it is not without any merit from the outset, as is the case with the majority of constitutional complaints by private persons. Due to this request of the German Constitutional Court, the German implementing legislation for the Unified Patent Court (UPC) and Unitary Patent (UP), which should have been put into force this year, will be on hold.
This unexpected delay of the German ratification process as well as the unexpected outcome of the UK snap elections of June 8, 2017 render the further developments concerning the UP & UPC project questionable.
In fact, this move of the German Constitutional Court opens up a new scenario which, at best, further delays the operational start of the UPC system but also heats up speculations that the UP & UPC project may eventually fail, due to constitutional issues of Germany.
We will keep you updated on any further developments.