The long story of the EU patent, commenced in 1975 (!) with the aborted Community Patent Treaty, which ultimately led to the Unitary Patent (established by Regulation (EU) No 1257/2012) and to the Unified Patent Court Agreement, done at Brussels on February 19, 2013 but not yet entered into force, will eventually come to a conclusion in 2019.

This very year will indeed clarify if and how Brexit will take place and affect the UP/UPC package and its entry into force, as well as the possible role of the UK in said system.

In parallel, the German constitutional court is expected to decide on the claim brought against the system and its compatibility with the German and EU laws; such a decision could easily mean a final “yes” or “no” to the system, the “no-side” including also the possibility that the case is referred to the EU Court of Justice.