The vote in favor of the United Kingdom exiting the European Union has created various uncertainties, including for Europe’s planned implementation of a unitary patent and a Unified Patent Court. Even assuming the unitary patent and UPC can survive without the U.K.’s participation, they will require modifying the pre-Brexit plans. This article summarizes the impact of the Brexit vote and explores the short- and long-term impact on the European patent system.
Under the more traditional framework, Brexit has relatively little impact. While those seeking patent protection in the U.K. can apply by way of the U.K.’s patent office, it is much more common that U.K. patents derive from European patents granted by the central European Patent Office. Going that route, obtaining a U.K. patent involves little more than a formal designation on the European Patent application.
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