Germany's UPC Agreement ratification progress put on hold

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Germany's UPC Agreement ratification progress put on hold

UPC

The Office of the Federal President has agreed to hold off signing the approved laws necessary for the ratification of the UPC Agreement until a court case has been decided

Role of this Court and why now?

The role of this particular Court is to uphold the German constitution (Grundgesetz). A citizen or company who believes that their fundamental rights in Germany have been or will be infringed by an act of any branch of government or legislation can file a constitutional complaint with the Court. There are certain strict procedures to follow before a case can be heard by this Court.

The Court can review the merits of a constitutional complaint and decide whether to admit it or not. If admitted, it has the power to review and declare an action or legislation unconstitutional. Its decision is final. To read more see here.

In 2014 German IP practitioner Ingve Björn Stjerna wrote an essay which explored whether the EPC and the UPCA are open to a possible challenge before the German Constitutional Court. In the essay Stjerna said that such an action against the UPCA is likely to be admitted for review by the court just before its ratification.

It is worth a read.

The court case is a constitutional complaint (number 2 BVR 739/17) before the German Federal Constitutional Court (Bundesverfassungsgericht) concerning the UPC Agreement. The complaint was accompanied by an application for an injunction.

Hendrik Wieduwilt‏ of Frankfurter Allgemeine Zeitung (FAZ) broke the news on Twitter: “EXCLUSIVE: @BVerfG stops single EU patent; Karlsruhe has asked BuPräsidenten not to sign laws… [translated].” 

The Court's office has confirmed to Managing IP that no decision has been made but there is an agreement between the Court and the Office of the President. "During a phone call the Office of the Federal President then assured the rapporteur of not entering into certifying the law until a decision has been issued," the Court's office said.

Asked when a decision is expected, the Court's office explained: "The case will be reviewed with the appropriate urgency as the constitutional complaint was accompanied by a motion for a temporary injunction."

Information about this case is not yet on the Court's website and we’re yet to receive a response from the German Federal Ministry of Justice and Consumer Protection. 



Reaction

This news took many by surprise, as comments on Twitter show. It comes at a critical time when Germany has all but completed the procedures to be ready for UPC Agreement (UPCA) ratification, slated before the end of this year.

The German Parliament (Bundestag) has already passed the necessary pieces of legislation, which have also been approved by the Federal Council (Bundesrat). The remaining key steps required are for the German president and government to sign them into law and publication in the Bundesgesetzblatt (Law Gazette).

The identity of the complainant and the grounds for the complaint are not yet known. But once again the UPCA is under judicial scrutiny. Together with the UK election fallout, this development may further delay the project.

You can follow our coverage of the Unitary Patent and UPC, including our new series of UPC case scenarios, at www.managingip.com/upc 

more from across site and SHARED ros bottom lb

More from across our site

Managing IP will host a ceremony in London on May 1 to reveal the winners
Abigail Wise shares her unusual pathway into the profession, from failing A-levels to becoming Lewis Silkin’s first female IP partner
There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Lawyers at Simmons & Simmons look ahead to a UK Supreme Court hearing in which the court will consider whether English courts can determine FRAND terms when the licence is offered by an intermediary rather than an SEP owner
Firm says appointment of Jeremy Drew from RPC will help create ‘unrivalled IP powerhouse’, as it looks to shore up IP offering ahead of merger
Law firms are expanding their ITC practices to account for the venue’s growing popularity, and some are seeing an opportunity to collaborate with M&A teams
Erise IP has added a seven-practitioner trademark team from Hovey Williams, signalling its intention to help clients at all stages of development
News of prison sentences for ex-Samsung executives for trade secrets violation and an opposition filed by Taylor Swift were also among the top talking points
A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Duarte Lima, MD of Spruson & Ferguson’s Asia practice, says practitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices
Gift this article