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.

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