Austria: First ratification of the Agreement on a Unified Patent Court – August 2013

The first member states have signed the Agreement on the Unified Patent Jurisdiction (UPJ) February 19, 2013, namely: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Romania, Slovakia, Slovenia, Sweden, United Kingdom.
Spain and Poland have not signed the Agreement.

On 26 June 2013, the public consultation on the rules of procedure of the Unified Patent Court has been launched. It is open for written comments from stakeholders and other interested parties. Interested parties are invited to send their comments until October 1, 2013 only to

The Preparatory Committee includes entry into force in early 2015.

In a press release, the Foreign Ministry of Austria has communicated that Austria has deposited its instrument of ratification of the Agreement on a unified patent Court on August 7, 2013. However, the original optimistic hopes of the EU Commission that the first patents with unitary effect might be granted in April 2014 will not become reality. This would have required that by November 2013 at least 13 States including the United Kingdom, France and Germany would have ratified the Agreement. At present, bills are pending in France and the United Kingdom, whereas the legislative process has not yet started in Germany due to the imminent end of the legislative period.

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