The publication of the
law in the Federal Law Gazette finally puts an end to the legal complications
that have been blocking the german ratification process and, consequently, the
establishment of the Unified Patent Court (UPC).
But this does not mean
that the UPC can finally start to operate.
Before the UPC can
actually open its doors, the period of the preparatory phase must begin.
Germany intends to
ratify the Protocol on Provisional Application in early autumn.
According to this Protocol,
some parts of the UPC Agreement will be provisionally applied before it becomes
In order for this Protocol
to enter into force, two more Member States of the UPC Agreement will have to
The enactment of this Protocol
now relies on a prompt ratification process by the courts of the Member States.
According to Alexander
Ramsay, head of the UPC Preparatory Committee, there could be a functioning UPC
late in 2022, or possibly early 2023 « if
everything runs smoothly ».