After the German Constitutional Court (Bundesverfassungsgericht) rejected the application for a preliminary injunction against ratification of the UPC Agreement on 23 June 2021, Germany completed its ratification process, and the ratification act was published on 12 August 2021.
As the last required member state, Germany deposited its instrument of ratification with the Council of the European Union on 17 February 2023, thereby triggering the start of the Court on 1 June 2023 and the start of the so-called “sunrise period” on 1 March 2023. With the start of the “sunrise period”, the opt-out register will also go live, meaning that patentees will have three months to opt out patents from the UPC jurisdiction before the Court opens for business.
Yes. Central and local.
The local divisions will be in Düsseldorf, Mannheim, Hamburg and Munich. The central division will be in Munich.
Central Division: Cincinnatistrasse 64, 81549 München
Düsseldorf Local Division: Cecilienallee 3, 40474 Düsseldorf
Munich Local Division: Schleissheimerstrasse 141, 80097 München
Mannheim Local Division: Schubertstrasse 11, 68165 Mannheim
Hamburg Local Division: Sievekingplatz 1, 20355 Hamburg
Two national judges and one judge from the pool.
English, French, German (Central division). Current status: All of the local divisions will accept litigation in English next to German, but at least Düsseldorf will apply the "English limited rule" (now Rule 14.2(c)), meaning that the judgment may be in German.
The key legislation underpinning the Unified Patent Court (“UPC“) and the unitary patent system has been ratified in Germany. The Federal President signed the legislation on 7 August 2021, and it was published in the Federal Law Gazette on 12 August 2021. Germany also ratified the Protocol on the Provisional Application of UPC Agreement (PAP-Protocol) and deposited the instrument of ratification for the PAP-Protocol on 27 September 2021.
The act adapting the German Patent law to the UPCA includes a noteworthy amendment: The German provision that forbids double protection (Art. II §8 IntPatÜbkG), i.e. having both a German patent and a European Patent for the same invention, will be amended. In the future, a German patent will be available for the same invention alongside a Unitary Patent or an European Patent, as long as the latter is not opted out as per Art. 83 (3) UPCA. However, a defendant will be able to object to a complaint for infringement involving the German patent if a complaint for infringement involving either the Unitary Patent or the European Patent that is based on the same act of infringement, is pending against defendant at the UPC (new Art. II §18 IntPatÜbkG).