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Business as usual for UK patent attorneys despite Brexit

The UK has voted to leave the European Union, however the terms of the UK’s exit will need to be negotiated. For now, UK patent attorneys and registered trade mark attorneys will still be able to perform the same work they do now, and UK and overseas intellectual property (IP) owners will not lose any IP rights or any access to EU IP registration systems.

Important points to note are:

• European patents and patent applications will not be affected, as the European Patent Office is not an EU institution. UK IP firms will still able to file and prosecute European patent applications for all UK and overseas clients.

• EU registered trade marks and designs will continue to provide protection in the UK until appropriate provisions are implemented to provide continued protection in the UK following the UK’s withdrawal from the EU.

Without the UK’s participation, the future of the Unitary Patent and the Unitary Patent Court (UPC) is unclear. It is possible that the UPC will be abandoned because, without the UK, the system may no longer be economically attractive to applicants.

It almost goes without saying, but all the UK national IP rights are unaffected, and the right of representation of patent attorneys and registered trade mark attorneys before UK courts are unaffected.

If you are concerned about the effect Brexit may have on your existing IP rights or pending applications, please contact Simon Cooper at AdamsonJones on 0115 947 7977.

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