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UPC – German implementation documents

26 Apr 2016

The German Federal Ministry of Justice recently released two drafts implementing the UPC Agreement into German laws. The drafts consist of a ratification act as well as an act amending the German Act on International Patent Treaties (Gesetz über internationale Patentübereinkommen).

1) The draft ratification act implements the UPC Agreement into German law.

2) The draft act amending the German Act on International Patent Treaties inte-grates the UPCA as well as the provisions on the Unitary Patent into that act.

Some highlights: the German Ministry of Justice states that they expect the UPC to deal with 1.800 – 2.200 cases per year, after ten years. In the first year, 180 cases are expected. Additionally, the draft explanatory memorandum explains that there will be a need for 20 full time judges in the first year – and accordingly, since most judges will start as part time judges, an equivalent number of part time judges.

The draft proposes a huge amendment with respect to the prohibition of double pro-tection via a European patent and a national patent with the same content. Up to now, such a national patent loses its effect when the European patent is finally granted (i.e. after opposition period or after a final and binding decision on such an opposition). This provision will be amended in that it will only be applicable to European patents opted out from the exclusive jurisdiction of the UPC, according to Art. 83(3) UPCA. However, in case of a withdrawal of the application to opt out, according to Art. 83(4) UPCA, the national patent will not regain force.

Read the entire contribution (in English) here.

A copy of the draft ratification act (in German) is available here.
A copy of the draft explanatory memorandum to the ratification act (in German) is available here.

A (unofficial compare write) copy of the draft act amending the German Act on International Patent Treaties (in German) is available here.

Summary: Konstantin Schallmoser, Preu Bohlig