Implications of Brexit on the UPC

The UK's vote to leave the EU on 23 June 2016 raised considerable uncertainty about whether or not the UK would be part of the Unitary Patent and Unified Patent Court (UPC), and indeed whether the entire project would continue. Recent developments suggest that the UPC and Unitary Patent may well go ahead with the UK as a participating party. The UK ratified the UPCA on 26 April 2018 and in the same announcement the UK Government has indicated its desire to negotiate with the EU for the UK’s continued participation after Brexit. German ratification of the UPCA has been delayed due to a constitutional challenge.

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