What impact will Brexit have on patents and SPCs?

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Produced in partnership with Joshua Marshall of Fieldfisher

Published on: 18 July 2017

How will European patents and the UK patent system be affected, if at all? What will happen to existing Supplementary Protection Certificates (SPCs) and paediatric extensions and will they still be available after Brexit? What will Brexit mean for the future of the Unified Patent Court (UPC) and the UK’s involvement in the system? Are there any practical steps that patent and/or SPC proprietors should be taking to prepare for Brexit?

European and UK Patent Systems

Brexit will not affect the existing European patent system because the European Patent Convention (EPC), which established the European Patent Office and governs the grant of European patents, is a treaty between contracting states, not a piece of EU legislation. The UK will remain a signatory to the EPC irrespective of whether they are a member of the EU, as is the case for Norway, Switzerland and Turkey. Similarly, the Patent Cooperation Treaty (PCT), which allows an applicant to file one patent application designating multiple jurisdictions, is not a piece of EU legislation and

Joshua Marshall

Fieldfisher

Joshua is a solicitor in the Intellectual Property and Technology Protection and Enforcement team. He practices in all areas of intellectual property litigation including copyright, design, trademark and patent, primarily in proceedings issued in the Intellectual Property Enterprise Court. In addition, and as part of reputation management, he also specialises in proceedings for libel, slander and malicious falsehood. Joshua works with a variety of high end to high street fashion designers and retailers, including household names, assisting in the protection of their intellectual property rights in the market. He also works with an array of commercial entities in various sectors assisting in the protection and enforcement of their key brands, trademarks and product technologies. Finally, he advises both individuals and businesses in the protection of their reputations in the media and online.

Jurisdiction(s):

United Kingdom

Key definition:

Brexit definition

What does Brexit mean?

means: (a) the United Kingdom (UK) ceasing to be a member state of the European Union (EU) and/or the European Economic Area (EEA) on exit day; and/or (b) the commencement, end of[ or variation in] any transitional, trading or other arrangements from time to time between: (i) the UK and the EU and/or EEA (including during any implementation period and IP Completion Day); and/or (ii) the UK and any other country, group of countries, international organisation, bloc or body (including the World Trade Organization) in contemplation of or (directly or indirectly) in connection with the UK’s said cessation of membership;

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