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

Cookies Settings

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

Jevon Louis explains how Covid led to a focus on local clients, discusses why mediation is successful in Singapore and reflects on the growing demand for AI advice
An increase in instructions from domestic companies and litigation for international clients are driving success for the Chinese IP firm, according to two lead partners
Ankur Sangal said he wants his team, nearly 30-strong already, to respond to a growing demand for specialist, commercially focused IP advice in a ‘rapidly evolving’ Indian market
As AI adoption accelerates across corporate IP departments, Simon Webster, president of IP at Clarivate, argues that success will depend less on technology alone and more on data quality, workflow design, and organisational readiness
After months of speculation over his next move, former Texas patent judge Alan Albright has found a new home at the firm’s Austin office
Law firms can now participate in the research for the Managing IP Awards and IP STARS rankings
The firm has hired former Norton Rose Fulbright patent prosecution leader Ronak Kalhor-Witzel as it seeks to strengthen its position in high-value technology, UPC and international patent matters
Angela Dunning shares why it’s an exciting time to be practising at the intersection of AI and IP, where the law is actively being made
The Dutch division is cementing its position as the UPC's primary alternative to Germany, with a consistent share of filings and growing market influence
Junior lawyers aren’t unwilling to work hard, as some seniors believe; rather, they are rejecting traditional career advancement models that have limited payoff
Gift this article