UK: Brexit does not affect the EPO

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

UK: Brexit does not affect the EPO

With the cloud of uncertainty around what Brexit will look like, it is worth clarifying the effect, or lack of effect it will have on European patents and the UK.

Full withdrawal from the EU, a so-called hard Brexit, does not result in withdrawal from the European Patent Office (EPO) which is a very different entity.

The EPO is a public international organisation established by the European Patent Convention. It is not a European Union or Council of Europe institution. Thus, the EPO is completely unaffected by Brexit, as are its employees and users. Put simply it is business as usual for patent applicants and users of the EPO, regardless of the outcome of Brexit negotiations.

It is worth noting at this point that the EPO has historically always included countries which are not in the European Union (EU) such as Turkey, Switzerland, Norway and Iceland. Any qualified European patent attorney can act before the EPO and obtain patents on behalf of their organisation or their clients. Becoming a European patent attorney involves passing tough examinations, and the bulk of qualified attorneys reside in the UK, Germany and France.

The EPO has provided a system which while a little unwieldy and bureaucratic at times (although these issues have been widely addressed now) is generally good for one-stop prosecution of patent applications. Its popularity has in fact led to some problems which were unforeseen by the EPO when it was founded in 1977. It remains the most popular choice for patent protection across its member states including those in the EU and outside the EU.

There will be no change in the existing system used by UK patent attorneys to prosecute, oppose and defend patents at the EPO – they will be in the same position that patent attorneys based in non-EU states, such as Switzerland, have been for many years. Moreover, European patents will continue to protect all the member states of the EPO including the 10 or so countries which are not members of the EU but full members of the EPO. Whether Britain chooses to be in or out of the EU circle makes no difference.

This is good news for all patent applicants whether they are based in Europe, the EU, or elsewhere.

helga

Helga Chapman

Chapman IP

Kings Park House, 22 Kings Park Road

Southampton SO15 2AT

United Kingdom

Tel: +44 (0) 23 8000 2022   

info@chapmanip.com  

www.chapmanip.com

more from across site and SHARED ros bottom lb

More from across our site

VO, which has offices in the Netherlands, Belgium and Germany, is the second European IP firm to secure external backing this week
The Bardehle Pagenberg attorneys-at-law discuss the firm’s Managing IP EMEA Awards 2026 success, Unified Patent Court litigation strategy, and evolving European patent trends
A patent battle between two legal tech companies and a loss for Elon Musk’s xAI against OpenAI were also among the top talking points
With drug prices a hot topic in the US, courts are seemingly more reluctant to prevent the entry of generics to the market
Academic Eden Sarid joins us during Pride Month to discuss queer expression and IP law, Patagonia v Pattie Gonia, and how queer and AI-generated creations both pose novelty concerns
Patent attorney Michael Henson joins the firm to lead its freshly launched blockchain and digital assets practice
A dispute over mammogram technology, and a development in the case between GSK and Moderna were also among the top talking points in recent weeks
With rankings for Western Europe set to be published on June 25, we sat down with our research lead to find out what practitioners and law firms can expect
Peter O’Sullivan, a professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Matteo Di Lernia, advocate at LCA Studio Legale, unpicks the CJEU’s ruling in M.M. Ristorazione v Villa Ramazzini, including its impact on litigation strategies
Gift this article