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

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

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