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10.20.17

UPC Looks Like More of a Distant Dream (or Nightmare) as Germany Adds Another Two Months’ Delay

Posted in Europe, Patents at 12:38 pm by Dr. Roy Schestowitz

Bristows EPO

Summary: The likelihood that the UPC will be altogether scuttled is growing as delays keep piling up and more complaints are being filed by public interest groups (as opposed to Team UPC, which hoped to shove the UPCA down everyone's throats behind closed doors)

THE EPO has said nothing about the UPC for at least a week. Nothing!

Silence too means something.

“The delays keep piling up and the UPC is dead. It’s at least dying. Nothing is advancing.”One UPC booster has just cited a tweet about this short post from Bristows’ Richard Pinckney. He said: “The latest news in the challenge in the Federal Constitutional Court of Germany (Bundesverfassungsgericht, BVerfG) to the constitutionality of the German legislation enabling the ratification of the Agreement on a Unified Patent Court (UPC) is that the BVerfG has extended the deadline for comments from 31 October to 31 December 2017.”

The remark from the UPC booster was inane: “BVerfG has extended the deadline for comments on German UPC constitutional complaint to New Year’s Eve. Getting ready for the fireworks?!”

The deadline isn’t a deadline for a decision but only a deadline for comment. So it’s just in forever limbo. Another 2 months’ pushback. The delays keep piling up and the UPC is dead. It’s at least dying. Nothing is advancing.

There are no fireworks any time soon for Team UPC. They didn’t even envision this process taking so long — almost half a year just for comments.

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