German Court delays decision on UPC complaint

October 26, 2017

The German Constitutional Court has delayed its decision on the validity of the legal challenge claiming the UPC Agreement to be unconstitutional.

The German Constitutional Court had earlier announced to provide comments on the admissibility of the complaint against the UPC agreement before the 31st of October. A yes or a no from the court would determine if the case will actually be heard in front of a judge or not.

The Bundesverfassungsgericht (Constitutional Court) had initially given until the 31st of October for institutions, such as for example the EPO and the German Lawyers’ Association, to send in submissions on the matter. This date has now been pushed to the 31st of December. Meaning that no decision on the admissibility of the claim will be made until next year. If it is deemed valid, a decision on the merits has to be made.

This delay came at the request of at least some of the 27 different organisations that have been invited to comment, claims patent firm Dehns.

The claim, according to the German blog Juve made by German attorney Ingve Stjerna, challenges the constitutionality of the Unitary Patent and Unified Patent Court in Germany. It for example questions whether the UPC judges are sufficiently independent and if the regulatory powers of the court are not in breach with EU law.

Continue reading:
Details ratification complaint revealed by German Court