IP Cases & Articles

IP & Brexit: Patents - business as usual

On 19 March 2018 a draft agreement for the withdrawal of the UK from the EU was published. There is no mention of European patents in the draft Agreement because, as previously reported, when it comes to patents in Europe, there is no change. The UK will continue to be a member of the European patent system, which is governed by EPC, a treaty between contracting states to the EPC that is, and will remain, completely separate from the EU. Patent protection in the UK will continue to be available via the European Patent Office (EPO) by validating granted European patents in the UK after grant, and our European patent attorneys will continue to act in the usual way in all matters before the EPO.

European patent work unaffected by Brexit (CIPA)

The Chartered Institute of Patent Attorneys (CIPA) confirms that “when it comes to patents in Europe, it is business as usual” and has released a short explanatory movie “European patent work unaffected by Brexit”:

View CIPA movie

Supplementary protection certificates

The provisions of the EU SPC Regulations will continue to apply to UK SPC applications that have been filed prior to the end of the transition period, either for medicines or plant protection products, and any SPC granted based on an application filed within this period will enjoy the same level of protection as under the current EU SPC Regulations. The provisions of the EU medicines SPC Regulation will also continue to apply to applications for the 6-month extension of term of UK SPCs for medicines on which paediatric studies have been carried out in accordance with an agreed paediatric extension plan, provided the paediatric extension application is filed prior to the end of the transition period. Any paediatric extension granted based on an application filed within this period will enjoy the same level of protection as under the current EU medicines SPC Regulation. 

UP & UPC

Find out the latest news on the unitary patent and Unified Patent Court, including with regard to Brexit.

UP & UPC news

​Draft agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the​ European Union

A lot of the draft proposals (in green highlight) have been agreed at negotiator level and will be subject only to technical legal revisions in coming weeks/months. Un-highlighted text represents what the EU would like to have, but in relation to which discussions are ongoing (e.g. ongoing protection for geographical indications).

Read the draft agreement in full
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