UK: Impact of Brexit on patents

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

UK: Impact of Brexit on patents

The UK has voted to leave the European Union, but how does this affect patents? Patents can be obtained in the UK via two separate means, either directly from the UK intellectual Office (UKIPO) which is governed by the UK Patents Act, or from the European Patent Office. Both organisations are unaffected by the UK leaving the EU. The European Patent Office is not an EU organisation, and already has members who are not member states of the EU such as Turkey, Norway and Switzerland.

UK patents, regardless of the system by which they were obtained (via the UKIPO or the EPO) are enforceable at the UKIPO and the UK courts.

The UK's potential exit from the EU does not change the current systems for obtaining patent protection in the UK, and the situation remains unchanged for patents granted by the UKIPO and European patents designating the UK. Patent applications pending before the UKIPO or the EPO will also continue as before.

Further, the enforcement of UK patents, regardless of the system under which they were obtained, will not be affected by Brexit.

European patent attorneys based in the UK will continue to represent applicants and patentees in all proceedings before the EPO and the UKIPO. This will continue once Brexit has actually taken place. So whether the UK is in, or out, of the EU will make very little difference to the present system of obtaining or enforcing patent protection in Europe.

European trade marks and designs may be affected as these are on offer only to countries which are member states of the EU, although it appears likely that a suitable extension agreement will be negotiated, so that these rights continue as before (perhaps similar to those extended to EEA member states).

European trade mark owners should consider keeping any UK national rights used in support of a seniority claim in force to ensure the best protection for the trade mark in the UK and may wish to consider filing national UK applications to guard against any eventuality.

Chapman_Helga

Helga Chapman


Chapman + Co18 Staple GardensWinchester SO23 8SRUnited KingdomTel: +44 1962 600 500  info@chapmanip.com  www.chapmanip.com

more from across site and SHARED ros bottom lb

More from across our site

Eva-Maria Strobel reveals some of the firm’s IP achievements and its approach to client relationships
Lateral hires at Thompson Hine and Pierson Ferdinand said they were inspired by fresh business opportunities and innovative strategies at their new firms
The launch of a new IP insurance product and INTA hiring a former USPTO commissioner were also among the top talking points this week
The firm explains how it secured a $170.6 million verdict against the government in a patent dispute surrounding airport technology, and why the case led to interest from other inventors
Developments of note included the court partially allowing a claim concerning confidentiality clubs and a decision involving technology used in football matches
The firm said adding capability in the French capital completes its coverage of all major patent litigation jurisdictions as it strives for UPC excellence
Marc Fenster explains how keeping the jury focused on the most relevant facts helped secure a $279m win for his client against Samsung
Clients are divided on what externally funded IP firms bring to the table, so those firms must prove why the benefits outweigh the downsides
Rahul Bhartiya, AI coordinator at the EUIPO, discusses the office’s strategy, collaboration with other IP offices, and getting rid of routine tasks
A boom in transactional work and a heightened awareness of IP have helped boost revenue for the rebranded commercial services team
Gift this article