The future of the Unitary Patent package


In a recent blog, Benoit Battistelli, the President of the European Patent Office, stated his confidence that the UPC and unitary patent would go ahead with or without the UK. He made it clear that there was still a determination for the Unitary Patent package to go ahead without delay. However, he expressed his hope that the UK, as a major patent country, might still go ahead with the ratification of the UPC Agreement as soon as possible and that the UK could be a full active member of the UPC.

According to Kluwer UPC News, despite the support for the UK to remain a part of the Unitary Patent system, British leaders have been less outspoken about the role of the post-Brexit UK in the system. The Chief Executive of the UK’s IPO, John Alty, declared that ‘we will continue to play a lead role in international IP negotiations and work constructively with our many partners around the world to ensure that inventors, creators, and consumers get the best deal they can.’ Though John Alty remains vague as to whether this would involve Britain’s continued involvement with the UPC, the UK’s Chartered Institute of Patent Attorneys (CIPA) has explained on its dedicated Brexit page, ‘there would be clear benefits both to the UK and to the unitary system as a whole’ for the UK still to participate in the Unitary Patent and the associated Unified Patent Court.

We will be following the discussions of IP Commentators as events unfold.

Read Benoit Battistelli’s blog here.

Read the blog from Kluwer UPC News here.