Bulgaria inches closer to United Patent Court

Bulgaria has deposited their instruments of ratification with Brussels on Tuesday, 24 July 2018.

Bulgaria’s instrument of ratification of the Unified Patent Court (UPC) Agreement’s Protocol on Provisional Application (PPA) has just been deposited with the EU Council’s General Secretariat on 24 July 2018.

Bulgaria had already ratified the UPC Agreement on 3 June 2016, and consequently signed the PPA on 11 September 2017.

However, the signature was subject to ratification in order to constitute binding consent.

The PPA allows for the provisional application phase to come into force and other administrative functions to start operations, and Bulgaria has now met the requirements of Article 3 of the PPA.

In addition to Bulgaria, France, the UK and eight other countries (Belgium, Denmark, Estonia, Finland, Italy, Luxembourg, the Netherlands and Sweden) have also completed this part in order for the UPC to become operational.

However, the ratification of the UPC and PPA has been put on hold in Germany due to a constitutional complaint which has yet been settled.

The provisional application phase will not start until Germany moves forward, together with one additional country.