The unitary patent system

Germany can now approve a common court system.

The unitary patent system is based on an agreement between the participating countries. The unitary patent system will not enter into force until the court agreement has been approved by 13 countries, including Germany, France and Italy. Germany had approved the agreement, but the German Constitutional Court declared in March 2020 that the approval was invalid because the German parliament did not vote by a sufficient majority.

A political decision has again been taken in Germany that approval can take place and the two subsequent complaints to the Constitutional Court in Germany have now been rejected. This means that it is a green light for Germany to approve the uniform patent system.

The Unitary Patent System

German Federal Constitutional Court (external website)