German Complaint Threatens Future Unitary Patent System


Henrik Holzapfel said that a lawsuit in Germany’s Federal Constitutional Court (FCC) to halt implementation of the EU’s Unitary Patent (UP) system is remarkable and rare and “clearly indicates” the FCC judges may think the complaint has merits. Mr. Holzapfel thinks it is “absolutely realistic” that the case will be referred to the Court of Justice of the European Union, which could delay the UP implementation until 2020.