30. March 2022 | News

AIPPI position of 29 March 2022 regarding the Unified Patent Court

The Standing Committee on the Unitary Patent/Unified Patent Court of AIPPI notes that the period of provisional application of the Unified Patent Court Agreement began on 19 January 2022, following receipt of the 13th instrument of ratification by a Member State, of the Protocol for Provisional Application of the Unified Patent Court Agreement.

Upon ratification by Germany, the Unified Patent Court Agreement shall enter into force on the first day of the fourth month following its deposit of its instrument of ratification.

The Committee understands that this final legal step towards entry into force of the Unified Patent Court Agreement will be taken once it is clear that all outstanding preparations for the legal and practical entry into force of the Unified Patent Court Agreement have been completed.

So far, there has been no announcement of a resolution as to the relocation and/or redistribution of cases which, according to Article 7(2) of the Unified Patent Court Agreement, would have been allocated to the London section of the central division of the Unified Patent Court.

In the interest of users, legal certainty, efficiency and successful launch of the Unified Patent Court, AIPPI strongly recommends that a reasoned decision be made and published as to the relocation and/or redistribution of cases which, according to Article 7(2) of the Unified Patent Court Agreement, would have been allocated to the London section of the central division of the Unified Patent Court as soon as possible and before the necessary legal steps enabling the final entry into force of the Unified Patent Court Agreement are taken.  The Committee unanimously supports AIPPI’s stance.