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UK to ratify the United Patent Court Agreement

Written by Ellis Sweetenham on 02 December 2016

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The UK Government announced earlier in the week that the United Patent Court Agreement will be ratified in the UK.

There will therefore be a Unified Patent Court based in the UK as previously planned for. This will play a key role in bringing the agreement into effect, in the 13 states of the EU who will also need to ratify the agreement.

The Unified Patent Court will have exclusive jurisdiction over patent enforcement and validity actions across all states involved, which will include France, Germany and now the UK.

Based in the UK, will be the life science/chemistry brand of the central division of the Unified Patent Court.

This announcement seems to go against previous decisions preventing non-EU countries to be a member of this Unified Patent system.

Pre-Brexit, the UK were well on their way to implementing everything for the Court to be established.

This decision seems to allow all that was previously planned to go ahead, which as under question following the UK and EU split in the Summer. There is still no certainty however.

In announcing the decision, UK Minister of State for Intellectual Property, Baroness Neville Rolfe, stated that “the decision to proceed with ratification should not be seen as pre-empting the UK’s objectives or position in the forthcoming negotiations with the EU.”

A step towards a more certain patent future for the UK but unfortunately not a definite picture has been painted.

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