Austria brings the Preparatory Phase of the Unified Patent Court one step closer

Published

Dec 03 2021

Written By

I am partner in our IP practice group in Munich. Also, I am Co-Head of the IP Practice group of Bird & Bird. As a patent litigator, I obtained extensive experience in leading and handling multi-jurisdictional patent disputes over the years and decades. I represent national and international clients both on the offensive and the defensive side.

On December 2, 2021, the second chamber of the Austrian Parliament unanimously approved the draft legislation enabling Austria to ratify the Protocol on the Provisional Application of the Unified Patent Court. After the publication of the law in the Federal Gazette, Austria is expected to deposit its instrument of ratification to the Council of the European Union.

This ratification will likely trigger the start of the period of provisional application of the UPC Agreement, for which one last ratification or declaration of support is necessary. During the period of provisional application, all final preparations for the introduction of the UPC will take place, such as the selection of judges and the adoption of secondary legislation. Hence, Austria’s expected ratification takes the Unified Patent Court one step closer to its launch.