New UPC complaints filed in Germany

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

Cookies Settings

New UPC complaints filed in Germany

germany-fcc-600-2.jpg

Germany’s top constitutional court confirms it has received two complaints regarding the UPC Agreement

Germany’s Federal Constitutional Court has confirmed it has received two complaints against the country’s Unified Patent Court legislation.

In a statement sent to Managing IP, the court confirmed: “Regarding the Act on the Agreement of February 13 2013 on a Unified Patent Court, two constitutional complaints have been filed and are pending.”

However, the statement added that a decision date was not known. Neither the identity of the plaintiffs nor the grounds of the complaints are currently available.

In March this year, a long-awaited FCC ruling declared that the act approving the UPCA had not been signed off by a required two-thirds majority in the Bundestag, Germany’s parliament. That ruling was based on a complaint filed in 2017 by German lawyer Ingve Stjerna. 

At the end of November this year, the Bundestag approved the act with the necessary qualified majority.

The Foundation for a Free Information Infrastructure (FFII), a group that opposes software patents, has been urging its community of followers to donate to a crowdsourced fund to help launch a new legal challenge.

The FFII and Stjerna have not responded to requests for comment about whether they are behind either of the new complaints.

At the moment, it is not clear if the FCC will accept the filings and German ratification of the UPC will be delayed again.

Managing IP will provide more analysis in due course.

To view our recent UPC coverage, click on the links below:

German Federal Constitutional Court declares UPC approval void

UPC is ‘a done deal’, say IP counsel

Confirmed: UK to shun unitary patent and UPC

UPC: In-house wary despite flicker of hope

more from across site and SHARED ros bottom lb

More from across our site

Patent and trademark practitioners say arrival of barrister will help maintain the UK's reputation as a leading forum for complex IP disputes
Qantm CEO speaks to Managing IP about the business's first deal since it was acquired by a private equity firm and explains why top-tier Malaysian firm Henry Goh & Co was the group's ‘plan A, B and C’
György Pintz, founder of Pintz & Partners, talks through the challenges of founding a firm and explains why lawyers and table tennis players have more in common than you might expect
Kate Nuehring Su, partner at Marshall, Gerstein & Borun, explores a successful PTAB appeal and why the Federal Circuit reached an opposite outcome on the same doctrine
From BTS to Squid Game and kimchi to memory chips, the Korean wave is reverberating around the world and IP work is also seeing a boom, say two Yoon & Yang partners
Managing IP will host a ceremony in Kuala Lumpur on November 5 to reveal the winners
Recent lateral moves raise a bigger question for full-service firms – can patent litigation remain a strategic priority when competing practices generate larger profits?
As counterfeiters grow increasingly sophisticated, Gibson Dunn is differentiating its trademark practice through a focus on payment tracing, judgment enforcement and asset recovery
Anita Polott, who is celebrating three decades at Morgan Lewis this year, reflects on career progression, stepping into unfamiliar territory, and leadership frameworks
Technical excellence remains essential, but many firms are discovering that packaging IP with complementary practice areas can unlock new clients and a stronger competitive position
Gift this article