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 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

AJ Park’s owner, IPH, announced earlier this week that Steve Mitchell will take the reins of the New Zealand-based firm in January
Chris Adamson and Milli Bouri of Adamson & Partners join us to discuss IP market trends and what law firm and in-house clients are looking for
Noemi Parrotta, chair of the European subcommittee within INTA's International Amicus Committee, explains why the General Court’s decision in the Iceland case could make it impossible to protect country names as trademarks
Inès Garlantezec, who became principal of the firm’s Luxembourg office earlier this year, discusses what's been keeping her busy, including settling a long-running case
In the sixth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Futures, a network for early-career stage IP professionals
Rachel Cohen has reunited with her former colleagues to strengthen Weil’s IP litigation and strategy work
McKool Smith’s Jennifer Truelove explains how a joint effort between her firm and Irell & Manella secured a win for their client against Samsung
Tilleke & Gibbins topped the leaderboard with four awards across the region, while Anand & Anand and Kim & Chang emerged as outstanding domestic firms
News of a new addition to Via LA’s Qi wireless charging patent pool, and potential fee increases at the UKIPO were also among the top talking points
The keenly awaited ruling should act as a ‘call to arms’ for a much-needed evolution of UK copyright law, says Rebecca Newman at Addleshaw Goddard
Gift this article