EU-Patent Alert #3/2015 - Portugal, London, and Uncertainty

Much is going on in terms of the EU patent - and then again not so much:

1. As eighth Member State, Portugal ratified the European Patent Convention. In Italy, both government and the houses of parliament gave up their reservations against the EU patent. But Italy has not ratified the Convention yet. Five Member States are still required to do so for the EU patent to enter into force, among them imperatively Germany and the United Kingdom.
    
2. Speaking of the United Kingdom: In London, a lease was signed for space to house both the London part of the Central Division and a Local Division of the Unified Patent Court, in Aldgate Tower in the heart of London. It is not clear yet whether another Local Division, as concession at Scotland, is to be established in Edinburgh. And still hovering over the EU patent is the planned Brexit referendum. Should the UK actually withdraw from the European Union, the “EU patent” project could not be started as intended. A phase of uncertainty up to the Brexit referendum in 2017 will therefore be assured.
    
3. The German administrations of justice are already holding meetings presenting the UPC court system's planned IT system, see Annex. The “agreement” on the annual fees (not yet final) has become public, the Rules of Procedure are to obtain their final version shortly. All this activity should not belie the fact, however, that the questions of whether, when, and how the EU patent will be coming into effect have not conclusively been clarified. In Germany, the formal ratification procedure has not been initiated yet.

So therefore much is going on - nothing is final, however. We will keep you updated!