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Frequently Asked Question

E. What will happen to the European patent with unitary effect (“Unitary Patent”) following Brexit?

The Unitary Patent has not yet come into effect, but (and if it is effected) it will provide a new type of right that will present another option for applicants to obtain patent protection in Europe that is in addition to the routes that currently exist, namely obtaining national patents and classical European patents. Unitary effect leading to a Unitary Patent is to be requested following grant of a European patent. A Unitary Patent will have effect in the participating member states of the EU, i.e. not necessarily all the member states of the EU (e.g. Croatia, Poland and Spain are not participating in the enhanced cooperation of the UP at the time of writing). UK based European patent attorneys will be able to continue to represent clients who would like to obtain classical European patents or Unitary Patents.

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