Stellbrink & Partner Patent Attorneys

In the works since 2009, the European patent with unitary effect (EPUE), or, as it is more commonly known, the Unitary Patent, has faced many hurdles on its way to adoption. Legal challenges by Spain and Italy, lengthy negotiations on the locations of the courts, disagreements on translation requirements – all of those slowed down its arrival. However, June 23^rd 2016 seemed to put the last nail in the Unitary Patent’s coffin. The Brexit vote meant that Britain would be unlikely to ratify the agreement any time soon (or at all!) and lead to many prominent figures in the IP world to coin the Unitary Patent as “dead”. Many said that the UK would pull out of the agreement, leaving it in rumbles (as it currently stands, Britain’s approval is necessary for the Unified Patent to come into being).

However, in an unexpected move on November 28^th, Baroness Lucy Neville-Rolfe, the British minister for Energy and Intellectual Property, confirmed that Britain will ratify the unified patent system, Reuters writes (http://uk.reuters.com/article/uk-britain-eu-patents-idUKKBN13N2AW). The UK would sign the agreement in the first half of 2017.

A large part of the Unified Patent agreement centers around litigation courts that will rule on patent disputes across all of the member states. The central division is planned in Paris, with thematic divisions in Munich and in London. It may be that the UK’s desire to have a regional court in its metropolis played a role in this surprising decision. Some are sure to speculate what this decision means in the larger context of Brexit – will the UK seek closer EU ties than previously expected? As for patent professionals and innovators, we will keep watch to see how the other stakeholders will react to the British move. In particular, Germany has yet to ratify the agreement concerning the Unified Patent Court before it can enter into force. In any case, we will keep you updated about further developments.