The “Frankurter Allgemeine Zeitung” was the first to report that the President of the Federal Republic of Germany has agreed to suspend the Presidential signature required for formal ratification of the UPC Agreement until the German Federal Constitutional Court has reached a decision concerning the ongoing expedited proceedings relating to the implemenation of the UPC (2 BVR 739/17).

A private person is challenging the validity of the German law and process implementing the UPC Agreement. One issue is likely to be that the Boards of Appeal at the EPO are not sufficiently independent from the European Patent Organization. In any case this issue will delay the UPC substantially just as BREXIT has cast a doubt on the starting point for the UPC.