Germany upholds challenge to Unified Patent Court law

The proposed Unified Patent Court to rule on disputes arising from a unified European patent system is looking increasingly in doubt after Germany's Constitutional Court upheld a challenge against the legislation approving the court.

The Bundesverfassungsgericht ruled that accession to the court would amend the German constitution "in substantive terms", and the enabling Act therefore required a two thirds majority in the national parliament, the Bundestag. As this had not been achieved, the country's ratification of the international agreement providing for the creation of the court was void.

With the UK Government having announced recently that it would not take part in the court, due to the UK leaving the European Union, two of the three jurisdictions whose participation was required under the agreement (France is the third) have now been blocked from doing so.

In its ruling the court said that an obligation under international law, assumed in violation of the requirement for a special majority, that "exposes German citizens to the influence of a supranational public authority, violates their right equivalent to a fundamental right" under provisions of the German Basic Law.

The Law Society of England & Wales said the decision created an opportunity for the UK to "sustainably bolster its jurisdiction" in patent litigation by investing in its own system and appointing more technically qualified judges.