United Kingdom Government Notes on Patents in the Event of a No Deal Brexit
Author: Anna L. Hatt
Brexit
October 2018
On 24 September 2018 the UK government published notes setting out its plans for intellectual property if there is no agreement with the European Union when the United Kingdom leaves on 29 March 2019 (please see our report here).
Patent protection for the UK is obtained either directly through the UK Intellectual Property Office, or through the European Patent Office, which is not an EU institution. Therefore, EU law has limited relevance to patents. The patent note covers issues where EU law is relevant.
The note confirms that, as expected:
- There will be no change to the regime for Supplementary Protection Certificates, which extend patent lifetimes for pharmaceuticals and agrochemicals
- EU law on patentability of biotechnological inventions will remain in force in the UK
- If the Unitary Patent Package has come into force, the UK will seek to negotiate to stay in this system.
If you would like our advice on any of these topics, please contact us.
It remains the overwhelming likelihood that the United Kingdom will leave the European Union with an agreement.
Get in touch
Recent news & updates
Find out more
The Unitary Patent Package Is Here!
IP News
June 2023
The European patent system makes its biggest change in forty years, as the Unified Patent Court Agreement enters into force on 1 June 2023.
Plausibility – G 2/21: Decision issued by Enlarged Board of Appeal
IP News
May 2023
The EPO’s Enlarged Board of Appeal (EBA) has recently announced the eagerly awaited decision in respect of the G 2/21 (“Plausibility”) referral made in 2021.
International Trade Mark System Joined by Mauritius
IP News
March 2023
Mauritius has filed instruments of accession to the Madrid Protocol with the World Intellectual Property Organization (WIPO) in Geneva, resulting in the Madrid System of International Trade Marks now covering 130 countries.
Unified Patent Court: Sunrise Period opens on 1 March 2023
IP News
February 2023
In a major landmark on the road towards entry into effect of the Unified Patent Court Agreement, the Sunrise Period opens on 1 March 2023.
WTR 1000 Ranks Beck Greener Silver Tiered Firm 5th Year Running
Beck Greener News
February 2023
We are delighted to announce that Beck Greener has been recognised as a Silver Tier firm for prosecution and strategy in the 2023 edition of the World Trademark Review (WTR) 1000: The World’s Leading Trademark Professionals for the 5th consecutive year.
EPO Announce Transitional Measures For Early Uptake of Unitary Patent
IP News
December 2022
With the recent announcement of the delay to the implementation of the UPC Agreement to 1 June 2023, and the start of the “Sunrise Period” to 1 March 2023, the EPO has announced that two transitional measures previously signaled at the start of 2022 will come into force on 1 January 2023.
Belize Joins International Trade Mark System
IP News
December 2022
Instruments of accession to the Madrid Protocol were filed by Belize on 24 November 2022 with the World Intellectual Property Organization (WIPO) in Geneva, taking the number of countries covered by the Madrid System of International Trade Marks to 129 countries.
Adjustment of the Unified Patent Court timeline – Start of the Sunrise Period on 1 March 2023
IP News
December 2022
The roadmap for the UPC has been postponed by two months.
EPO: VICO Oppositions are Here to Stay
IP News
November 2022
The EPO has decided, following completion of a pilot project, that from 1 January 2023 video conference (VICO) will be the default format for Oral proceedings in opposition. The practice of recent months and years is here to stay.
EPO to Abolish the 10-day Rule
IP News
November 2022
The EPO has announced that it has updated its mailing period rules. The update will end the current mailing period arrangements with effect from 1 November 2023.
Beck Greener ranked in legal directory Chambers & Partners for 4th year running
Beck Greener News
October 2022
Beck Greener has been ranked as a leading firm in the Intellectual Property: Patent and Trade Mark Attorneys UK-wide section of the legal directory Chambers & Partners for the 4th year running.
Date announced! Unified Patent Court will finally open its doors
IP News
October 2022
After many years of discussion, preparation, and recent delays, it has finally been announced that the Unified Patent Court Agreement (UPCA) will come into effect on 1 April 2023, with the so-called Sunrise Period beginning on 1 January 2023.
Could a grace period for patent filings be introduced into the EPC?
IP News
October 2022
Any publicly available, enabling disclosure that occurs before the filing or priority date of a patent application before the European Patent Office (EPO) is currently novelty destroying (unless there has been a breach of confidence). A grace period in which a patent application can still be filed following a disclosure of the invention by the applicant itself exists in a number of countries but there is no equivalent provision in the European Patent Convention (EPC). In June 2022, the EPO released a report reviewing the impact that implementing a grace period in Europe would have for applicants. The purpose of the review was to provide an evidence-based assessment for the potential economic impact of the introduction of a grace period in Europe.
Beck Greener highly ranked in latest Legal 500 directory rankings
Beck Greener News
September 2022
Beck Greener has once again been highly ranked by the Legal 500 for patents and trade marks.
Beck Greener helped White Motorcycle Concepts turn an idea into a real-world business
Beck Greener News
August 2022
This case study details how Beck Greener helped White Motorcycle Concepts turn an idea into a real-world business, supported by patent applications, which revolutionised the electric motorbike market.
ST.26 – A new standard for sequence listings
IP News
August 2022
A new global sequence listing standard came recently came into force, replacing the existing WIPO ST.25. As of 1 July 2022, sequence listings in all new PCT and national/regional applications must comply with ST.26.
Revolutionising the Electric Motorbike Market
IP News
July 2022
Beck Greener Partner Jon Markham worked with Rob White, founder of White Motorcycle Concepts to create a patent application to cover an innovative aerodynamic concept. Rob’s idea was to create a ground-breaking aerodynamic motorcycle by opening up the bike with a channel of air flowing from the front to the rear of the bike, decreasing the drag and reducing CO2 emissions. This innovative aerodynamic concept is set to revolutionise the electric vehicle market.
IAM Patent 1000 ranks Beck Greener for patent prosecution
Beck Greener News
July 2022
Beck Greener has been ranked by IAM Patent 1000 for patent prosecution in the IAM Patent 1000 listings for the second year running. This ranking from IAM Patent 1000 means that Beck Greener is highly praised by sources and amongst the most competitive in the field.
New Beck Greener website 2022
Beck Greener News
June 2022
We are delighted to announce that we have just launched our new website.