In light of last week’s UPC news on the UK’s position (reported here), the UPC Preparatory Committee has today published here the following message from its Chair, Alexander Ramsay: “Following the UK government’s decision not to pursue remaining in the Unified Patent Court and in the Unitary Patent, work on the implementation of the Unified Patent Court continues. Once Germany will be in a position to ratify the UPC Agreement and the Protocol on the Provisional Application, arrangements will be made to deal with the practical implications of the UK‘s departure. These will be published in due course.”
For Germany to be in a position to ratify, the German Federal Constitutional Court must have rejected the complaint against the UPC legislation (or if it upheld the complaint, the problem must have been resolved). That decision is expected in the next few months (see here). Also, of course, Germany must have decided to continue with the UPC project without the UK’s participation.