Confirmed: UK to shun unitary patent and UPC

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

Confirmed: UK to shun unitary patent and UPC

Europe viewed from space at night with city lights in European Union member states, global EU business and finance, satellite communication technology, 3D render of planet Earth, world map from NASA

The government says that UPC membership and CJEU oversight would be inconsistent with its objective of being a self-governing nation



The UK will not participate in the proposed Unified Patent Court and unitary patent system, a spokesperson for the prime minister has confirmed.

In a statement last night, February 27, a spokesperson for 10 Downing Street said: “The UK will not be seeking involvement in the UP/UPC system. Participating in a court that applies EU law and is bound by the CJEU is clearly inconsistent with our objective of becoming an independent self-governing nation.”

The government’s confirmation ends speculation over whether the UK could have participated in the system post-Brexit.

The government’s line was previously that the UPC was “not an EU institution” and that the UK would play a part in the system.

In fact, just five months ago, Tim Moss, chief executive of the UKIPO, told Managing IP: “We believe the UK can continue to play a full role after Brexit and intend to explore continued participation in the unitary patent system and the UPC with our European partners.”  

However, the government’s stance has toughened since the general election on December 12 last year in which the Conservative Party won an 80-seat majority. 

Uncertainty about the UK’s involvement was not the only stumbling block holding the project back.

A constitutional challenge at the German Federal Constitutional Court is set to be decided in the first quarter of 2020, according to the judge in charge of the matter in an exclusive interview with Managing IP. If that ruling goes against the UPC then the entire project will be in serious doubt, if it isn’t already.

Should the UPC come into being, a key question will be whether it is still an attractive proposition without the UK. A survey of in-house counsel conducted by Managing IP last year suggested it would be.

To view our recent coverage on the UPC, click on the links below:

UPC case to be decided in early 2020

UPC report creates ‘point of legal difficulty’ for UK membership

UPC: businesses still on hold despite judge Huber announcement  

Avoiding the cliff edge: UKIPO’s Brexit preparations

UKIPO: UPC before Brexit ‘no longer possible’

Survey: UPC still attractive without UK  

more from across site and SHARED ros bottom lb

More from across our site

Stephen Yang joins us for our ‘Five minutes with’ series to explain why his role requires him to wear many hats
The complaint follows a declaratory ruling issued by the England and Wales High Court last month that said Samsung is entitled to an interim licence
Tobias Hahn explains how the firm's multi-jurisdictional setup enabled it to secure an injunction on behalf of Fujifilm relating to defendant Kodak’s non-UPC activity
Reckitt Benckiser is to divest its Essential Home business, which includes more than 70 brands, to private equity firm Advent International
Litigator Neel Chatterjee, who has joined the firm as a co-leader of the IP team, reveals tech ambitions and expansion plans
A settlement between Philips and Transsion and a loss for AstraZeneca in the UK were also among the top talking points
Working with Harvey and Microsoft, the firm has been at the forefront of developing AI tools for its lawyers, and is now exploring new projects and business models
The Emotional Perception AI case, which centres on the patentability of an artificial neural network, will be heard next week
Developments included a court order related to InterDigital’s anti-anti-suit injunction against Disney, and clarification on recoverable costs
Partners at Foley Hoag examine how recent CJEU jurisprudence may serve as a catalyst for recalibrating US judicial reluctance to entertain foreign patent claims
Gift this article