The German Federal Constitutional Court at Karlsruhe rejected two new applications for preliminary injunction against the European Unitary Patent by a decision of June 23, 2021. In its reasoning, the Senate stated that the constitutional complaints lodged in the principal proceedings are inadmissible as the complainants failed to sufficiently assert and substantiate a possible violation of their fundamental rights.

The complainants had alleged a violation of the principle of the rule of law, of the fundamental right to effective legal protection, and violations of Union law. In this respect, however, they had not explained in detail to what extent the Unified Patent Court Agreement (UPCA), due to the organizational structure of the Unified Patent Court and the legal status of its judges, would violate the enshrined principle of the rule of law, and thus affect the principle of democracy.

Federal President Frank-Walter Steinmeier will now sign the law passed by the Bundestag and Bundesrat in November and December.

The start of the Unitary Patent is currently expected for the beginning of 2022, subject to German approval. With the exception of Spain and Croatia, all EU member states will participate, but presently it is not foreseeable whether the Unitary Patent will still apply to the United Kingdom after Brexit. Any holder of a European Patent will soon be able to apply for unitary effect centrally with the European Patent Office.

For you as applicant of European patents it is now very important, to pose the question and answer it, whether a unitary patent protection or the present European patent is reasonable. It is our pleasure to provide you with our advise and explain pro and contra of both systems to you.