Draft UK legislation implementing the UPC system laid before Parliament


Following the recent closure of the UK government’s consultation (here) on secondary legislation to give effect to the UPC Agreement and EU legislation on the Unitary patent, a draft Statutory Instrument (SI) has now been published here and laid before Parliament.  The draft SI, entitled  ‘The Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016’, will now pass through Parliament and is likely to be approved in March 2016.  However, the SI, which makes certain changes to the UK Patents Act 1977, will not come into force until the UPC Agreement comes into force.  Also, before the UK can ratify the UPC Agreement (which Germany and two more countries must also do before it comes into force) another draft SI will be laid before Parliament;  this further SI is needed to endorse the UPC Protocol on Privileges and Immunities after it has been agreed by the UPC Preparatory Committee.

Robert Burrows


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