Like all stakeholders in the IP field, the DPMA is preparing for the Unified Patent Court Agreement (UPC) to be coming into effect imminently. The entry into force of the UPC is also accompanied by the entry into force of the amendment to Article II, Section 8 of the IntPatÜbkG, with which the prohibition of double patenting only applies to European patents that are not subject to the exclusive jurisdiction of the Unified Patent Court, in particular due to opt-outs.

As a result of the amendments to the prohibition of double patenting, it is still possible for already granted European patents to obtain double protection through national patents if the national patents are granted after the UPCA’s entry into force. To this end, the DPMA provides, within the scope of transitional measures, i. a., the possibility of filing a request for time extension of for replying to an examination report or a request for deferment of the decision on the application. The transitional measures, i.e. the possibility of filing the above-mentioned requests against the background of the amendments of the IntPatÜbkG will end with the entry into force of the UPC.

For an initial overview of the UPC, we have set up a special page https://www.balsvogel.com/en/upc where we have compiled the most important information. For strategic considerations when preparing your portfolio for the UPC, our attorneys are at your disposal.