Frequently Asked Question
We don’t know – The UK ratified the Unified Patent Court Agreement in 2018 and expressed its intention to stay in the Unitary Patent system post-Brexit. However, whether and how this will happen is still uncertain. If the UK is not a member state of the EU, then it might not be able to participate in the Unitary Patent. There have, however, been several proposals discussed that would enable the UK to participate in the Unitary Patent and the associated Unified Patent Court. If the UK does not participate in the Unitary Patent following Brexit, a Unitary Patent will not extend to the UK. Protection in the UK will have to be obtained through validation of a European patent in the UK or by filing a UK national patent application, i.e. as happens now.