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Implications of Non-participation of the UK

In July 2020 the UK Government withdrew ratification of the UPC. It will continue to be possible to validate European Patents granted by the EPO in the UK irrespective of whether or not a Unitary Patent is also obtained on the basis of the European Patent. The UK Courts will have sole jurisdiction over the validity and infringement of the UK patent.

The UPC Agreement states that all suitably qualified European Patent Attorneys may represent clients at the UPC. J A Kemp will be able to obtain Unitary Patents at the EPO and represent clients at the UPC, both to file opt-outs and conduct litigation.

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