Earlier this year the Agreement on creating a European Unified Patent Court was signed in Brussels. As it is well known, now the Agreement needs Ratification by at least 13 participating EU Member States, including the “Big Three”, namely Germany, United Kingdom, and France, to enter into force.

While the languages of the Agreement itself and its related Statues of the Unified Patent Court are technically fixed by the signatures of the representatives of the participating EU Member States and, hence, are to be considered as final, the Rules of Procedure (RoP) have been published so far only in their 15th Draft version. According to Article 41 of the Agreement, the Rules of Procedure shall lay down the details of the proceedings before the Court. The Rules of Procedure need to be be adopted by the Administrative Committee on the basis of broad consultations with stakeholders.

As the Administrative Committee of the Unified Patent Court can constitute itself only after the Agreement has effectively entered into force, currently there is no competent body to take any binding decision in that respect.

However, the participating Member States of the EU have agreed to create a Preparatory Committee (made up of Representatives of those States like it will later on happen with regard to the Administrative Committee and currently chaired by Mr. Paul van Beukering) informally anticipating the text of the Rules of Procedure. After entering into force of the Agreement (in some future) it is politically expected that after formal inauguration of the Administrative Committee the latter will more or less just rubber-stamp the proposals of the Preparatory Committee. The present Draft Rules of Procedure have been prepared by a drafting Committee of expert judges and lawyers, and has been the subject of technical consultations with professional and industry bodies. The Drafting Committee was composed as follows:

We would like not to omit to remind you that from

25 June 2013 until 1 October 2013

the Draft Rules of Procedure are be open to written comments from stakeholders or other interested parties. Respondents are requested to send them to


Only contributions received through this address will be considered. According to the Roadmap as published, the Adoption of Rules Procedure in the Preparatory Committee is then planned to happen by July 2014.

In order to simplify access to and citation, quotation and hyperlinking of the available texts of the Agreement, the Statute as well as the Rules of Procedure on an Article-by-Article or Rule-by-Rule mode, respectively, KSNH has provided an informal Wiki-Style version thereof:

However, yet not all cross-links between the Articles and/or Rules are in place.

About The Author

Axel H. Horns

German & European Patent, Trade Mark & Design Attorney

3 Responses to Wiki Edition of Agreement on Unified Patent Court Agreement (UPCA)

  1. [...] Court under the still-to-be-ratified Unified Patent Court Agreement (UCPA), the Members of the Drafting Committee under the guidance of the Preparatory Committee apparently thought it might be a good idea to set [...]

  2. [...] Court under the still-to-be-ratified Unified Patent Court Agreement (UCPA), the Members of the Drafting Committee under the guidance of the Preparatory Committee apparently thought it might be Read article [...]