Tuesday, 8 September 2015

Unitary patent ratification map

On September 17, I'll participate in a live webcast on the topic of 'Post-Grant Patent Opposition in Europe and the U.S.' organized by the Knowledge Group. I'll explain the new possibilities for patent invalidation offered by the Unified Patent court and give my view on how the UPC may change opposition before the EPO.

I made the graphic above to explain the current ratification status of the Unified Patent Court. In the map of Europe above, all European countries are colored.

On the negative side are the Red and Brown states. The brown states are EPO members but not EU members. They can never ratify the agreement (unless they become an EU member). The red states (Spain, Poland, and Croatia) are countries that at present will not ratify the Agreement on a Unified patent court; either because they are not included in the enhanced cooperation or have given indications that they will not ratify (Poland).

On the positive side are the gold and green states. The dark green states have ratified the agreement. Note that Portugal recently joined the green states. The light green states can ratify, but at as of yet have not. I've colored Italy as a light green state, although technically they are not in the enhanced cooperation yet. After Italy's request to join the enhanced cooperation, this is only a matter of time.

Finally, the gold states (United Kingdom and Germany) are the two states whose ratification is required before the UPC can start. Recently, the United Kingdom announced the location of the London section of the Unified Patent Court; I've not heard much about developments in Germany though.

I have a few invites for the webcast left, which I can offer to readers of this blog. Send me an email if you want one.

The map is based on a blank map by Maix, which is based on a map by Tintazul used under a CC BY-SA 2.5 license.


  1. I can see a mistake, Czech republic have not ratified the agreement yet.