Shortly before the turn of the year, we speculated whether there would be a European unitary patent in 2021. Now it’s clear: it won’t happen in April and whether it will be summer or fall is still written in the stars or between the dockets of the German Federal Constitutional Court.
It is now known why Germany has still not ratified the agreement necessary for the European unitary patent one month after the parliamentary chambers gave their approval: There are two new constitutional complaints.
And so the “unitary patent” project is almost exactly back where it was in 2017: before the Federal Constitutional Court in Germany.
Little is yet known about the content and the parties involved in the constitutional complaints 2BvR 2216/20 and 2BvR 2217/20. Much of the information on the Internet is based on direct inquiries to the Federal Constitutional Court and the Office of the Federal President.
To our knowledge, only a preliminary version of a resolution recommendation and a report by the responsible committee of the German Bundestag from January 13, 2021 has been officially published(link). This report at least tells us the following:
a) One of the complainants is the same as in the previous proceedings (2 BvR 739/17: Link). The judgment is anonymized. However, based on information on his website, it can be assumed that the complainant is Dr. Ingve Stjerna
b) The German Bundestag was already able to submit its opinion on January 8, 2021. It is highly likely that the Bundestag will also join this process, as it is supported in committee by all parties except the AfD.
What happens now?
In addition to the main applications, both complaints also include applications for interim measures. The court must decide on these quickly and probably even within the next few days.
However, nothing is yet known about the decision. It therefore remains to be seen whether this is just a brief stopover or the final destination of the “unitary patent” project.