UK: Impact of Brexit on patents

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

Cookies Settings

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 Chapman

Chapman + Co

18 Staple Gardens

Winchester SO23 8SR

United Kingdom

Tel: +44 1962 600 500  

info@chapmanip.com  

www.chapmanip.com

more from across site and SHARED ros bottom lb

More from across our site

Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
The Third Circuit’s decision in Thomson Reuters v ROSS marks the first appellate-level decision addressing AI and fair use, prompting copyright counsel to consider arguments around potential licensing markets
Injunctions for HandsFree Labs and Align Technology come as the Court of Appeal warns that busy teams must have the staffing and resources to meet UPC deadlines
Gift this article