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Latest news and updates on the Unified Patent Court




UPC requires one more signatory state

The UPC must soon overcome an important hurdle. Before the preparatory work for the new court, as set out in the protocol on the provisional application (PAP), can begin, 13 member states must ratify the PAP.

But so far, according to JUVE Patent sources, only Belgium, Bulgaria, Denmark, Estonia, Finland, France, Italy, Luxembourg, the Netherlands and Sweden have signed the protocol. According to the German government, it plans to deposit the ratification bill for the PAP this autumn. Austria has signaled that it will also do so in the next two weeks.

This means one more member state must sign the protocol before beginning preparations. Malta, Portugal and Slovenia are considered candidates for the missing ratification.


German president signs ratification bill

German ratification of the UPC Agreement and the protocol on the provisional application (PAP) has overcome another important hurdle. The government published the new UPC law in the Federal Law Gazette. Previously, federal president Frank-Walter Steinmeier had signed the bill.

Although long-awaited, this does not mean that the Unified Patent Court will start soon. UPC officials expect at least eight months of preparation before the court begins officially.

Only when preparations are complete will Germany take the final step of its ratification and deposit the instrument of ratification with the European Council. Germany, France and Italy as well as ten other states must ratify the UPC Treaty in order to bring it into force. The UPC Agreement will enter into force on the first day of the fourth month following the deposit of Germany’s ratification bill.


UPC dream closer after German court rejects constitutional complaints

Today, the German Constitutional Court has rejected two applications for an interim injunction against the German laws for the Unified Patent Court. According to the ruling, the complainants had not sufficiently substantiated the possibility of a violation of their fundamental rights. In all probability, the court will not hear the merits of the case.

Now Germany, and two remaining member states, have a clear road ahead to ratify the UPC. Under the German system, the next step is for the federal president to sign the law.

Speaking exclusively to JUVE Patent, Alexander Ramsay, head of the UPC Preparatory Committee, says, “Given today’s news, we expect Germany to ratify the protocol on provisional application in early autumn. The tasks that the council needs to handle during the provisional application phase should then take at least eight months to complete.”

If everything goes according to plan, we could have a functioning UPC in late 2022 or possibly early 2023, he adds.


German UPC ratification on hold again

A spokesperson for German federal president Frank-Walter Steinmeier has told JUVE Patent that Steinmeier is currently waiting to execute the UPC law. The German Constitutional Court asked him to wait until it issues a ruling before executing the UPC law.

In the meantime, JUVE Patent received more information about the people behind the second claim against UPC ratification. This time it is not a single person, but a group of claimants. The Constitutional Court confirmed that a private individual, a company and an association are behind the second claim.

Düsseldorf lawyer Ingve Stjerna, the man behind the first constitutional objection, confirmed to JUVE Patent that he has filed another complaint against the UPC law. JUVE Patent is not yet aware how Stjerna has justified his second complaint. Stjerna has also applied for an interim injunction, which would prohibit the conclusion of the ratification procedure until the Federal Constitutional Court has ruled on the merits of the case.

The identity of the second claimant is still unknown.


German UPC legislation challenged again by constitutional complaints

Last Friday, the Federal Constitutional Court again received two complaints against the German UPC legislation. The identity of the plaintiffs and the grounds for the complaints are currently unclear. It is also unclear whether German ratification of the Unified Patent Court will now be put on hold again. The Constitutional Court did not provide any further information except to confirm that it had received the complaints.

Germany is the last country to ratify the UPC before the new court can start.


German Bundesrat approves UPC law, clearing way for UPC

Today, the German parliament has adopted the UPC legislation. In its final meeting of 2020, the German Bundesrat, the second chamber of the German parliament, voted unanimously in favour. Once again, all parliamentary hurdles in Germany are clear.

New approval by the German parliament became necessary after the German Constitutional Court stopped the ratification of the German UPC laws in March. The Constitutional Court requires that both chambers of the parliament approve such international agreements with a two-thirds majority.


German Bundestag votes in favour of UPC law

Yesterday evening, the German Bundestag (parliament) finally voted in favour of the UPC law. With 88% of the votes, parliament delivered the two-thirds cross-party majority required to pass the Act of Approval to the Agreement on a Unified Patent Court. In addition to governing parties CDU/CSU and SPD, members of the FDP, the Greens and the Left Party also voted in favour. Such a broad majority is important, because federal state representatives in the Bundesrat (the second chamber) must also approve the bill by a two-thirds majority. Different party coalitions govern the federal states. The vote in the Bundesrat is expected at the end of December.

But some parties are still considering filing another constitutional claim against the UPC. Yesterday, Foundation for a Free Information Infrastructure (FFII) took a combative stance, calling on companies to join it in filing a constitutional claim.


Germany hastens second ratification of UPC

The German Bundestag is to vote next week on the renewed attempt to enact the Unified Patent Court law. The Constitutional Court declared the first ratification invalid in spring and ruled a two-thirds majority was required. According to experts, the new draft is largely unchanged from the first ratification bill. Yesterday the German Bundesrat, the second chamber of parliament, dealt with the ratification law in a first sounding. It had no objections.

As a rule, the federal government uses this first vote to test whether there are reservations in the Second Chamber against proposed legislation. The actual vote follows when the bill has passed the Bundestag.

The Bundestag will now again deal with the UPC ratification in a first reading next week. Insiders say there will be no debate among the members of parliament. Usually the law is referred to the relevant committees for discussion. The Committee on Legal Affairs is the lead committee. The Culture Committee also plays a role. The second hearing in parliament is then decisive.

JUVE Patent sources also say the London divisions will go temporarily to Paris and Munich.


Italian government officially fields Milan for UPC central division

The Council of Ministers in Italy has officially proposed Milan as the host of a central division of the Unified Patent Court. The division would focus on pharmaceutical litigation. The bid comes months after the UK officially withdrew its ratification and left London out of the running.

The mayor of Milan, Giuseppe Sala, had strongly advocated for Milan to host the UPC Central Division. However, the political party Five Star Movement opposed the bid, instead suggesting Turin. While ultimately settling for Milan, the Italian government did reach a compromise. If successful in its bid, Milan will host the UPC’s central division, while Turin will be the seat for the Italian Institute for Artificial Intelligence.

Should the UPC go ahead and Milan’s bid be successful, the northern Italian city will stand alongside Paris and Munich as a key location for UPC litigation activity.


European Commission answers questions on UPC Agreement

Yesterday, the European Commission answered three questions regarding Germany’s ratification of the UPC Agreement following Brexit. German MEP Patrick Breyer, who is opposed to the unitary patent system, submitted the questions to the commission in May 2020.

Breyer’s questions explored whether the commission can confirm that Germany has no right to ratify the UPC Agreement; if the commission will advise the German government against ratification of the current UPC Agreement; and if the commission would launch an infringement procedure if Germany ratified the UPC Agreement as it currently stands.

In its response, the commission confirms that Germany can still ratify the UPC Agreement and rejected the reasoning. The answer confirms that the UK’s withdrawl from the EU as a member state, and its rejection of the UPC Agreement, will not impact the future of a potential UPC. Whether or not Germany will indeed ratify the agreement hinges on a new draft bill and the next decision of the German parliament.


German government perseveres with UPC ratification

After the Federal Constitutional Court overturned the UPC legislation in March this year, the Federal Ministry of Justice has submitted a new draft bill. The interpretation by the ministry is that the Federal Constitutional Court overturned the law “because the law was not passed with a two-thirds majority.” The ministry makes this clear in its draft. At the same time, the ministry does not see any further problems with the law.

Essentially, the German government simply wants to vote on the law again. According to the Federal Ministry of Justice, “The wording of the law is unchanged, but the explanatory memorandum contains necessary updates.”

The ministry has sent the bill to associations and institutions, asking for opinions. The deadline is in three weeks.


German government intends to move forward with UPC

Despite the Federal Constitutional Court’s decision invalidating the German UPC legislation last Friday, the government is sticking to the UPC. Federal justice minister Christine Lambrecht made the announcement today.

Lambrecht says, “I will continue my efforts to ensure that we can provide European innovative industry with a unitary European patent with a European Patent Court. The Federal Government will carefully evaluate the decision of the Federal Constitutional Court and examine possibilities to remedy the identified lack of form before the end of this legislative period.”

The Bundestag will therefore vote again during this legislative period. Germany will elect a new parliament in October 2021.


German Constitutional Court upholds UPC complaint

In a huge blow to the patent community, the German Federal Constitutional Court has upheld the constitutional complaint filed against the German UPC legislation. The court ruled that the Act of Approval to the Agreement on a Unified Patent Court needed a two-thirds majority by the Bundestag since it would have entailed an amendment of the Constitution in substantive terms.

It is now unclear if the decision will be the end of the patent court. The Bundestag can now save the situation by voting on the Act again with a two-thirds majority. However, this could significantly delay the UPC process. Organising a quorum and a two-third majority in the context of Coronavirus will be a major challenge.


German Constitutional Court to rule on UPC complaint

Today, the German Constitutional Court has announced on its website that a judgment in the complaint filed by Ingve Stjerna can be expected on Friday 20 March. There will be no further oral hearing. The European patent community now waits to see whether the UPC will finally be given the green light.


Dismay as UK government rejects participation

The UK government has confirmed that it will no longer participate in the Unified Patent Court system. The government declared it will seek to rescind its ratification. A press office for the Cabinet Office confirmed to JUVE Patent, “I can confirm that the UK will not be seeking involvement in the UP/UPC system. Participating in a court that applies EU law and bound by the CJEU is inconsistent with our aims of becoming an independent self-governing nation.”

The announcement has surprised many in the European patent community who, despite Brexit, had expected the UK to hold to its ratification. Boris Johnson himself, as foreign secretary under former prime minster Theresa May, ratified the UPC agreement in 2017.

There are now many unanswered questions about how the UPC project will develop. The first hurdle is the impending decision of the German Constitutional Court, due next month.


Constitutional court may rule in early 2020

Yesterday Peter Huber, judge rapporteur in the complaint against the German UPC legislation, indicated there will be a judgment in early 2020. In an interview with Managing IP, Huber stated that it was his “intention to issue a decision on the complaint made against the legislation enabling Germany to ratify the UPC Agreement early next year”.

Nevertheless, whether a decision will actually be reached in the first quarter of next year is unclear. The decision is not only up to Huber, but also his colleagues from the court’s 2nd Senate. A court spokesman stated, “Professor Huber did not comment on the substance [of the complaint]. With regard to the timetable, he did indeed say that a decision will be sought in the first quarter of 2020, but that the specific timing will of course also depend on how the consultation goes.”

Furthermore, it is still uncertain whether the court will decide in time for the UK to participate.


Recruitment for UPC judges raises new speculation

Three years after the last campaign, the UPC Preparatory Committee has announced it is re-opening its judicial recruitment process and accepting new applications. The new campaign will be a ‘top-up’ exercise to complement the major UPC judicial recruitment campaign held in 2016. It covers both legal and technical judicial positions.

The news has ignited rumours in the patent community that a ruling in the constitutional complaint is imminent. However, a spokesperson for the German Constitutional Court called these unfounded.


Constitutional judges extend deadline for submitting opinions

In October, the constitutional judges extended the deadline for participating institutions to provide an opinion to 31 December 2017. There is speculation that the Ministry of Justice and Consumer Protection asked for more time. However, three other institutions have also been given the opportunity to provide an opinion: the German Association for the Protection of Intellectual Property (GRUR), the European Patent Litigators Association (EPLIT) and the Federation of German Industries (BDI). This increases the number of opinions the Karlsruhe court expects to receive by the end of the year to 27.

Furthermore, lawyer advocacy groups, the German government and the European Patent Office are all compiling opinions. Experts believe that the local governments in each of the four German states that are set to host a UPC local division will also submit an opinion.

When Düsseldorf lawyer Ingve Stjerna filed his constitutional complaint back in spring, the patent community was hoping for a quick ruling. The norm for the court is four to six months. However, with the new extension and sheer amount of paperwork involved, a ruling before 2020 is looking increasingly unlikely.


Constitutional complaint brings UPC ratification to a standstill

A complaint at the Constitutional Court has brought the ratification process in Germany – and with it the UPC – to a screeching halt. On 31st March, a private person filed a constitutional complaint against the national implementation law and even the UPC Agreement itself (ref. 2 BvR 739/17). The latter had only just been passed by the German parliament.

In addition, the complainant has applied for a temporary injunction. As a result, on 12 June,  president Frank-Walter Steinmeier halted the ratification process.

How quickly Karlsruhe will rule on the complaint is unclear. Although a spokesperson for the court conceded there is a particular sense of urgency, she also insisted the matter is highly complex. Experts estimate Karlsruhe could rule on the urgent motion in four to six months. Technically, this would mean the UPC could still launch in early 2018.

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Tesla Granted Patent For Neural Networks To Self Improve (Detect Its Own Errors)



Tesla was granted another patent yesterday. This time, it seems that Tesla has perfected the art of creating neural networks (NN) that understand “self-improvement.” The patent, titled, System and method for handling errors in a vehicle neural network processor, describes a process where neural networks can detect errors associated with the execution of said NN. It can receive an error report from the error detectors and is then able to signal that a pending result of the NN is tainted — all without terminating the expectation of the NN.

In other words, Tesla has patented a way for an NN to recognize an error and address it. This particular patent is a continuation of another patent application filed in 2017, System and method for handling errors in a vehicle neural network processer. In the description of the patent, Tesla reinforces the focus on safety as the primary objective. It pointed out that computers are being integrated into vehicles, and although they have the potential to address safety issues, they can bring about new risks that haven’t yet been addressed. Having a system where an NN can perceive this and alert Tesla that there’s an error would lead to Tesla improving the software and making the vehicle even safer.

“Many vehicles today come equipped with a wide range of features designed to improve safety and reliability. In part, this is because vehicle accidents and/or breakdowns are accompanied by a high risk of personal injury, death, and property damage. At the very least, an accident and/or breakdown is likely to involve significant inconvenience and/or cost to the vehicle owner. Accordingly, many efforts have been made to develop improved safety features for vehicles.

“Increasingly, computers are being integrated into vehicles for purposes ranging from passenger comfort and entertainment to partial or full self-driving operation. While computers have the potential to address many safety and reliability issues in vehicles, they also introduce new risks and new modes of failure that have yet to be fully addressed. It is important that safeguards are put in place to ensure that computer-enabled and/or computer-assisted features of a vehicle do not increase the risk of operating the vehicle. Various strategies can be employed to test computer-implemented vehicle features before they are put into production. However, even when thorough testing is performed, errors are still likely to be encountered when operating under real-world conditions.

“Accordingly, it would be advantageous to provide improved systems and methods for handling errors in processors used in vehicular applications.”

Tesla goes into a bit more detail in the summary and points out some examples. One example includes a system for handling errors in NNs. In this case, the NN processer includes an error detector that is configured to detect a data error linked with the execution of that NN. The NN’s controller is able to receive the data error report from the error detector, and upon receiving that report, the NN controller is able to signal that there is a pending result of the NN tainted — without terminating the execution of the NN.

In another example, the system’s NN processer is executing an NN associated with the autonomous operation of a vehicle, and an interrupt controller, which helps to handle interrupt requests that may come from different sources, coupled to the neural network processor is used. The interrupt controller can receive the error signal from the NN processor and access the data in several ways.

“The interrupt controller is configured to receive an error signal via an error interrupt pin of the neural network processor, access error information via one or more status registers of the neural network processor, the error information indicating a type of error encountered by the neural network processor, and, when the type of the error corresponds to a data error, identify a pending result of the neural network processor as corrupt.”

In the final example listed, a method for handling errors in an NN processor was shared. This includes:

  • Receiving an error report based on an error that the vehicle NN processor encountered ruing operating the vehicle.
  • Determining the type of error based on the error report.
  • In response to the second point above, determining how it corresponds to that data error.
  • Signaling that a pending result of the vehicle’s NN processor is corrupt while allowing the operation of the vehicle’s NN processor to continue.

The patent also shared detailed drawings and examples. You can access those here.


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Pinsent Masons hires former Freshfields counsel as London partner



Pinsent Masons has expanded its IP practice in London through the addition of Gina Bicknell (45) to its partnership. Bicknell joins from a previous role as counsel at Freshfields Bruckhaus Deringer. She brings 20 years of experience in life sciences in the patent and IP field, with a special focus on transactions.

Now Pinsent Masons has 17 IP partners at its London office. As a full-service practice, the firm has 29 life sciences partners.

Bicknell brings transaction expertise

Gina Bicknell is qualified both as a UK litigator, and a US attorney-at-law. Previously, she was a counsel in the IP team of the London office of Freshfields, which she joined in 2011. Here, she worked with clients such as the 2020 AstraZeneca acquisition of Alexion, and Novartis when its eye division, Alcon, spun off in 2019. Bicknell also worked pro-bono for Cancer Research UK.

However, her time at Freshfields was punctuated between 2016 and 2018 with a stint as partner at the Kent-based corporate firm Thomson Snell & Passmore. Bicknell worked as an associate at Kirkland & Ellis, and at US boutique Marshall, Gerstein & Borun, which is based in Chicago. However, Bicknell began her career in the tech transfer department of University College London (UCL). She then spent five years in-house to Baxter Healthcare.

Gina Bicknell

Gina Bicknell

Gina Bicknell says, “The people at Pinsent Masons drew me to the firm. There’s a great group of down-to-earth lawyers and other professionals here who have a deep understanding in the life sciences and technology space.”

“At Pinsent Masons, we can draw expertise from all the firm’s practice areas, such as corporate, competition law, and litigation, among others. This creates an exciting offer for our clients across our sector groups.”

Pinsent Masons expands life sciences offer

In June 2021, Pinsent Masons also launched its first office in the Netherlands, welcoming Machteld Hiemstra as its third partner in Amsterdam. Hiemstra, who joined from Simmons & Simmons, also brings life science expertise, specifically regarding supplementary protection certificates and regulatory enforcement.

She joined two other partners at the firm’s new office: practice head Wouter Seinen, who came from Baker & McKenzie and focuses on TMT, data privacy and digital, and Alexander Spoor. The latter focuses on commercial litigation.

However, during 2021 the firm also lost two patent partners in Germany, following the departure of Michael Schneider in May, and Peter Koch in August. This leaves three patent-specialist partners in Munich.

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BananaIP’s Senior Partner among Top 300 IP Strategists



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Weekly Patent and Industrial Design Statistics- 10th September 2021 to 17th September 2021



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This week’s Patent and Design data has been compiled from the Official journal of patents and designs, published by the patent office on the 17th of September 2021. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm.


A total of 756 patent applications have been published in the 38th issue of the Patent Journal, 2021. Out of the 756 applications published in the journal, 80 applications account for early publications while 676 applications account for ordinary publications or publications occurring after the 18 – month period. A total of 274 applications have been granted last week as compared to 490 grants in the week preceding the last thereby marking a decrease of about 44.08%

Early Publications

City Previous Week This Week Percentage of change
Delhi 96 18 81.25% decrease
Mumbai 50 8 84% decrease
Chennai 115 42 63.48% decrease
Kolkata 3 12 300% increase
Total 264 80 69.7% decrease

Ordinary Publications

City Previous Week This Week Percentage of change
Delhi 244 256 4.92% increase
Mumbai 325 156 52% decrease
Chennai 255 236 7.45% decrease
Kolkata 99 28 71.72% decrease
Total 923 676 26.76% decrease

TOTAL PUBLICATIONS (Previous Week): 1,187
Percentage difference: 36.31% decrease


A total of 1,510 FER’s were issued last week. Applicants and their agents can check if any of their patent applications have been examined by referring to the journal available here.
City No. of FER Issued
Delhi 511
Mumbai 344
Chennai 486
Kolkata 169
Total 1,510

Publications under Grant

City Previous Week This Week Percentage of change
Delhi 210 112 46.67% decrease
Mumbai 61 41 32.79% decrease
Chennai 164 93 43.29% decrease
Kolkata 55 28 49.09% decrease
Total 490 274 44.08% decrease

Number of Applications published based on ‘Applicant City’

Of the total 756 patent applications published in the journal last week, Delhi, Mumbai, Chennai, Bangalore, Hyderabad and Kolkata have contributed a total of 144 applications. The total applications from each of the previously mentioned cities are as follows – 31 applications from Delhi, 28 applications from Mumbai, 9 applications from Pune, 13 applications from Bangalore, 39 applications from Chennai, 16 applications from Hyderabad and 8 applications from Kolkata.
List of Cities 1st of January till date 10th September 2021 to 17th September 2021
Delhi 1,133 31
Mumbai 823 28
Pune 663 9
Bangalore 949 13
Chennai 1,078 39
Hyderabad 592 16
Kolkata 219 8


Total early publications 7,862
Total ordinary publications 26,056
Total applications published 33,918
Total grants in Delhi 8,231
Total grants in Mumbai 3,417
Total grants in Chennai 7,807
Total grants in Kolkata 3,306
Total Grants 22,761
Total applications examined 52,376

The design office has registered a total of 307 designs this week. The total designs registered from the 1st of January 2021 till date now adds to a total of 7,970 applications.
  • Total designs registered in the previous Week: 311
  • Total designs registered this Week: 307
  • Total designs registered from the 1st of January 2021 till date: 7,970
Data compiled by Jaya Pandey, Patent Associate, BananaIP Counsels

About BananaIP Counsels Patent Attorneys
The patent news bulletin is brought to you by the patent division of BananaIP Counsels, a top ranked patent and IP firm in India. Led by Senior Partners, Somashekar Ramakrishna, Nitin Nair and Vinita Radhakrishnan. BananaIP Counsels’ Patent Attorneys are among the leading patent practitioners in the country. They work with clients such as Mahindra and Mahindra, Samsung, HCL, Eureka Forbes, to name a few. The patent attorneys at BananaIP Counsels have strong technical and legal expertise in areas such as IT/Software, Artificial Intelligence (AI), Machine Learning, Data Analytics, Electronics and Telecommunication, Mechanical, Automotive, Green Energy, Traditional Medicine and Bio/Pharma domains. The firm is a first choice for clients looking for support in patent filing, prosecution, management and strategy in India, and across the world.
This weekly patent news bulletin is a part of their pro bono work, and is aimed at spreading patent awareness. You are free to share the news with appropriate attribution and back link to the source. If you have any questions, or need any clarifications, please feel free to write to
Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the news published in the bulletin. You may write to for corrections and take down.

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