The result of the constitutional procedure against Germany`s ratification of the UPCA, which was due to be decided in 2019, has not yet been concluded. In a recent interview, Justice Huber of the Federal Constitutional Court (who is due to rule) denied that the delay was related to Brexit, but that other important cases were awaiting their decision and were a priority. He suggested that the case could be decided in early 2020. The United Kingdom has taken another step towards ratification by the Patent Council, which on 8 February 2018 approved the 2018 Unified Patent Jurisdiction (immunity and privilege) regulation, which gives the Unified Patent Court and its representatives, judges, clerks, assistant clerks and collaborators the power of law, granting immunity and privilege. This had to be approved before the UK could proceed with ratification. However, no date has yet been announced for the ratification of the United Kingdom. Two of the three mandatory signatories and the Netherlands, France and the United Kingdom, have ratified and declared the protocol (or have declared it), but Germany has not yet done so. Bulgaria`s ratification will bring the ratification and declaration protocol of states to eight (see EU Council page, which includes signatories and advisers to the protocol), which will require, in addition to Germany, a number of others for the protocol to enter into force. In its analysis, the report states: “The recent ratification of the UPCA showed that the UK intends to remain within a European patent system that goes beyond the EMC, even after Brexit.
In a way, this sends a somewhat mixed message, because the UK wants to leave the EU internal market and the ecJ`s jurisdiction. On the other hand, it does not seem legally impossible for the UK to remain in the UPCA, even if it is not an EU member state. But the UK`s intention is countered by the British government`s statement that “the end of the ECJ`s jurisdiction in the United Kingdom was one of the main intentions of the entire Brexit process.” Ireland initially planned a referendum in the autumn of 2013 on a constitutional amendment necessary to ratify the agreement, but was then postponed to an unscheduled date after the 2014 European elections.   The Irish minister responsible for the case, Richard Bruton, confirmed in May 2014 that a constitutional referendum had been held, but that the date had not been set by the government.  The Irish government announced later in its legislative programme that it planned to publish the bill needed to “amend the Constitution” in 2015 in order to amend Article 29 of the Constitution, recognize the Convention on a Unified Patent Jurisdiction and move to a referendum after Parliament`s approval. In May 2015, Ireland`s Minister for Children and Youth declared that his government had no intention of holding referendums for the remainder of the legislature, so that the Irish referendum and THE ratification of the UPC would be postponed until April 2016.  In June, the United Kingdom introduced to Parliament some of the 2017 UPC (Immunities and Privileges) ratification laws. The Preparatory Committee of the Unified Patent Court (UPC) yesterday published the UK`s withdrawal from the UPCA and said that “a filing of the notification of revocation of ratification… The key points of the meeting were the fact that the President of CEPOL and the representatives of the EU Member States expressed their optimism that the German Court of Justice would issue its judgment as announced and that they hoped that this would pave the way for German ratification.