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

Managing IP will host a ceremony in London on May 1 to reveal the winners
Abigail Wise shares her unusual pathway into the profession, from failing A-levels to becoming Lewis Silkin’s first female IP partner
There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Lawyers at Simmons & Simmons look ahead to a UK Supreme Court hearing in which the court will consider whether English courts can determine FRAND terms when the licence is offered by an intermediary rather than an SEP owner
Firm says appointment of Jeremy Drew from RPC will help create ‘unrivalled IP powerhouse’, as it looks to shore up IP offering ahead of merger
Law firms are expanding their ITC practices to account for the venue’s growing popularity, and some are seeing an opportunity to collaborate with M&A teams
Erise IP has added a seven-practitioner trademark team from Hovey Williams, signalling its intention to help clients at all stages of development
News of prison sentences for ex-Samsung executives for trade secrets violation and an opposition filed by Taylor Swift were also among the top talking points
A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Duarte Lima, MD of Spruson & Ferguson’s Asia practice, says practitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices
Gift this article