It was always going to be an uphill battle.
To start off, very little has changed since my article over three years ago: Brexit negotiations: Starting with the UPC Agreement
Main bullet points:
- The European Patent Office continues to provide a route for applicants to obtain patent protection across Europe including many countries outside the EU. This will not change with Brexit.
- The UPC merely aims to provide a way to deal with post-grant matter in a more centralised way.
- BUT the vast majority of patent applicants are unlikely to use the UPC. Most people don't care that much about it.
- The UPC agreement is not in force, and unlikely to be any time soon. It needs a lot of political will and amendment either remove the UK from it entirely, or otherwise allow the participation of non-EU countries. The latter involves removing the need for countries to accept the supremacy of EU law.
For more information contact our Technology team.
the UPC Agreement requires UPC participating states to respect the primary of EU law (Articles 20/24) and the overarching jurisdiction of the CJEU (Article 33) in relation to the UPC system. And, consequently, the UK Government has briefed that it will not seek to remain a part of the UPC system (although we do not expect a formal announcement).