October 15, 2018

Impact of Brexit on the Unitary Patent and the Unified Patent Court

The Max Planck Institute in Munich has recently published a report which deals, from a legal perspective, with the possible participation of the United Kingdom in the Unitary Patent after Brexit.

It should be remembered that the Unitary Patent is a system created within the scope of the EU which will allow unitary effects to be given to European Patents after they have been granted, without the need to incur individual protection fees and translation costs in each country where protection is sought. The entry into force of the system is still pending because it includes an International Treaty that establishes a Unified Patent Court with jurisdiction over the entire territory and which requires ratification by each state.

The conclusions of the report are not very favourable to keeping the United Kingdom within the system, despite the fact that its Parliament has recently ratified its incorporation.