Boult Wade Tennant
UPC » Will the sun ever rise over the UPC?

The Unified Patent Court (UPC) reminds me of a soap opera story line where you are always wondering if two particular characters will ever get together – there are usually a few near misses and a couple of badly-timed interruptions by others. The same is true of the UPC. It felt like UPC implementation was on the horizon a few years ago, and then it was rudely interrupted by both Brexit and German constitutional challenges.

The latest episode in the UPC saga has seen the German constitutional challenges rejected, leaving Germany free to ratify the agreement at last. Whilst this one major hurdle has been overcome, it is most certainly not the end of the story. Brexit is still causing uncertainty in terms of where the previously London-based Central Division will instead be situated (Italy and Germany appear to have rather differing views on this issue). In addition, two further countries are required to ratify the Protocol on Provisional Application before the UPC can move forward.

The will-they-or-won’t-they story continues: will the UPC’s sunrise period ever arrive, or will we be left living in a perpetual night of non-unitary European patents? Stay tuned to find out!

Yet another step has been made towards the entry into operation of the Unified Patent Court, with today’s rejection by the German Federal Constitutional Court (FCC) of the two applications for preliminary injunction against the ratification Bill of the Agreement on a Unified Patent Court.

https://www.unified-patent-court.org/news/german-federal-constitutional-court-declares-complaints-against-upcas-ratification-bill

Relevant sectors
Food and beverage
Artificial intelligence and machine learning
Consumer goods and retail
  • Beauty
  • Fashion
  • Luxury goods
  • Household goods
Trade marks
  • Mechanical products
  • Services
  • Telecommunications
  • Financial services
  • Cosmetics and perfumery
  • Consumer goods
Chemicals
  • Agrochemicals
  • Catalysts
  • Dispersiones y coloides
  • Lubricants
  • Polymers and plastics
Materials
  • Advanced materials
  • Composite materials
  • Metallurgy and alloys
  • Nanotechnology
Industrial manufacturing and processing
  • Packaging
  • Polymers and plastics
  • Printing tech
  • Additive manufacturing
  • Coatings
  • Construction
Electronics and electrical devices
  • Testing systems, control systems, signal processing
  • Computer and IT architecture and system design
  • Medical devices
  • Optics
  • Robotics
  • Scientific instruments
  • Semiconductor devices
  • Wearable tech and human interfaces
Communications and networks
  • Oceanography, marine
  • Cloud computing
  • Internet of things (IOT)
  • Wired and wireless networks
Energy and green technologies
  • Water, oil and gas, nuclear, fusion, fission
  • Clean air
  • Fuel cells and battery technology
  • Renewables and recycling
  • Biofuels
Automotive
  • Autonomous vehicles
  • Electric vehicles
  • Engines
Aerospace
  • Commercial aviation
  • Defence and security
  • Space and satellites
  • Unmanned aerial vehicles
Pharmaceuticals
  • Drug delivery
  • Generic market entry
  • Medicinal chemistry
  • Methods of production and synthesis
  • Personalised medicine/disease biomarkers
  • Pharmaceutical formulations
  • Polymorphs
  • Small molecule pharmaceuticals
  • Supplementary protection certificates (SPCs)
Biotechnology
  • Next generation sequencing
  • Women’s health products
  • Vaccinology (e.g. viral vectors; mRNA vaccines)
  • Therapeutic antibodies
  • Synthetic biology
  • Stem cell therapies
  • Recombinant protein production and purification
  • Personalised medicine/disease biomarkers
  • Nucleic acid synthesis
  • Supplementary protection certificates (SPCs)
  • Immuno-oncology (e.g. checkpoint inhibitors; modified T cells)
  • GM crops
  • Genomic and molecular tools and methods
  • Gene editing (e.g. CRISPR)
  • Drug delivery
  • Biosimilars
  • Antibody manufacture and formulation
  • Antibody engineering
Medical devices and diagnostics 
  • Immuno-oncology
  • Artificial intelligence
  • Devices
  • Diagnostic instruments
  • Digital health
  • Drug delivery
  • In vitro diagnostics
  • Medtech
Computing and software
  • Digital assistants, virtual assistants and software agents
  • Multimedia, audio/video processing and animation
  • Metaverse, virtual reality (VR) and augmented reality (AR)
  • Data management and storage, databases and data compression
  • Data and software security, cryptography and digital rights management (DRM)
  • Software applications and systems, mobile applications, user interfaces
  • Natural language processing
  • Search engines
  • Robotic process automation
  • Quantum computing
  • Motor capture
  • Machine vision
  • Fintech and adtech
  • Computer games
  • Communications and networks
  • Blockchain and distributed ledgers
  • Bioinformatics
  • Signal processing
  • Artificial intelligence and machine learning