EU Patent Reform: Possibility of further constitutional complaints against the UPCA (Published on 26/03/2021)

In view of repeated inquiries concerning the possibility of further constitutional complaints against the German ratification legislation relating to the Agreement on a Unified Patent Court (UPCA), it should be pointed out that such possibility exists, in principle, “within one year from of the law entering into force or of the sovereign act being issued” (cf. sec. 93 (3) BVerfGG [Act on the Federal Constitutional Court]).

The time limit for a respective constitutional complaint should therefore be met if the complaint is filed within one year after the corresponding approval by the Federal Council on 18/12/2020.

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