Dr. Markus Herzog

UPCA – It's finally done


The UPCA will enter into force

On July 9, 2021, the Federal Constitutional Court announced [1] that it had rejected the two applications for a preliminary injunction against the Act of Approval of the UPCA. In its reasoning, the Federal Constitutional Court stated that the constitutional complaints were inadmissible on the merits because the complainants had not sufficiently substantiated the possibility of a violation of fundamental rights.

In my newsletter of December 3, 2020 [2], I outlined what the further timetable for the entry into force of the UPCA might look like.

It can be assumed that Federal President Steinmeier will now ratify the UPCA Approval Act in a timely manner. It is likely, however, that the German government will initially only deposit the protocol on the provisional applicability of the UPCA. After completion of the preparatory work required for the UPC to become operational, the German government would then also deposit the ratification law.

It remains to be seen whether the UPCA can actually enter into force on January 1 or April 1, 2022, or whether there will be further delays due to the two constitutional complaints that took six months to be processed by the Federal Constitutional Court. As the Preparatory Committee announced in response to the decision of the Federal Constitutional Court [3], it will publish a timetable for the entry into force of the UPCA in due course.



[1]  https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/DE/2021/bvg21-057.html

[2] Newsletter of December, 03 2020, “UPCA – Light at the end of the tunnel“

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


Dr. Markus Herzog
, Dipl. -Phys., Dr. rer. nat., Patent Attorney, Partner
Weickmann & Weickmann, Patent- und Rechtsanwälte PartmbB, Munich
Tel.: +49 (89) 455630 | E-Mail: mherzog@weickmann.de



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