Click below to download the paper

Summary: Contrary to what EPO dictators Benoît Battistelli and António Campinos kept saying, going ahead with a so-called Unitary Patent or Unified Patent Court (UPC) would be illegal

THE FOLLOWING was published ten days ago by Dr. Ingve Björn Stjerna, who had observed the Unified Patent Court and its predecessors for well over a decade (he also published books on the subject).

Here's what he had to say:

EU Patent Reform: The “withdrawn” ratification of the UPCA and its protocols by the United Kingdom,

Article on the UK’s alleged withdrawal from the UPCA and its protocols “with immediate effect” and the lack of a respective legal basis (Published on 13/12/2022)

The European patent reform and in particular the Agreement on a Unified Patent Court (“UPCA”) con-tinue to be controversially discussed, with a frequently raised question concerning the role of the United King-dom in the UPC and the protocols thereto as well as its “withdrawals” of the related ratifications. In his second constitutional complaint against the German ratification of the UPCA (Case No. 2 BvR 2217/20), the author of this article had submitted these issues to the German Constitutional Court (“BVerfG”) for clarification, which, however, did not deal with them in substance, as it did with all other substantive issues. The relevant aspects of this question are discussed in more detail in this article, based on the statements in the constitutional complaint.

• Download English Version (Article of 13/12/2022, PDF)
• Download German Version (Article of 13/12/2022, PDF)

As noted in the previous post, the FCC or German Constitutional Court (“BVerfG”) is missing in action. It treats this as a corporate and political issue rather than a legal and constitutional matter. This is not OK. ⬆