If a Brexit agreement is reached with the European Union, the UK can stay in the Unitary Patent system during the transitional period and likely be part of the system once this comes into effect. This was argued last week by Kevin Mooney of Simmons & Simmons, who is closely involved in the creation of the Unified Patent Court.
I find it remarkable that there a rumours circulating regarding not only the timing but the content of the decision of the BVerfG. This is because it can mean only one of two things.
The first option is that the rumours are well founded. That would be extremely disturbing, as it would mean either that someone from the BVerfG has been leaking information to individuals who are not party to the proceedings or it would mean that the BVerfG has been ordered to reach the “correct” conclusion at a time that is politically suitable (ie immediately after the latest sensible date by which the Withdrawal Agreement with the UK really ought to have been concluded). Both of these explanations would mean that the integrity of the judicial system has been compromised.
The second option would be that the rumours are all guesswork, based upon nothing of substance whatsoever. But would such groundless rumours really be proffered as an answer to a serious question at a hearing in Parliament? That would be highly unprofessional, would it not?
Either way, there is an unpleasant smell about all of this.
On a slightly different note, are there any rumours circulating regarding the constitutional complaints that concern the EPO? One would presume that those complaints would need to be dealt with first.