2 steps forward, 1 step back – are we really any closer to the first Unitary Patent?

It’s been a busy week for the unitary patent with news that both Denmark and Sweden have taken the required legal steps to move towards formal ratification of the UPC agreement.

This brings the total number of member states that are publicly making progress with formal ratification of the UPC agreement to 7.

• Austria and France have deposited instruments of ratification; process complete
• Malta, Belgium, UK, Denmark and Sweden have each made national legal steps towards formal ratification

Although this brings to more than half the required number of ratifications for the UPC Agreement to come into force (7 out of 13) notably absent from the list above is Germany. Germany, UK and France, must ratify in order for the UPC Agreement to come into force.

Furthermore, it has been announced that Spain’s legal challenge to the EU regulations on the unitary patent and language regime will be heard on 1st July by the CJEU. With the outcome of this challenge not expected to be published until some months after, there are still hurdles to be overcome before we see the first unitary patents.