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The Unified Patent Court and the Unitary Patent

Navigating the new EU patent system

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UK's exit from the UPC now final

On 20 July 2020, the UK officially withdrew its ratification of the Unified Patent Court Agreement. This was expected, following the announcement from the UK Prime Minister's Office on 28 February 2020 – see our previous post here.  Details can be viewed here on the UPC website.

In a written statement in the House of Commons, Amanda Solloway (Parliamentary Under Secretary of State, Minister for Science, Research and Innovation), explained the decision as follows:

"…in order to ensure clarity regarding the United Kingdom’s status in respect of the Agreements and to facilitate their orderly entry into force for other States without the participation of the United Kingdom, the United Kingdom has chosen to withdraw its ratification of the Agreements at this time. The United Kingdom considers that its withdrawals shall take effect immediately and that it will be for the remaining participating states to decide the future of the Unified Patent Court system."

It is now up to the Preparatory Committee to convene and find a way forward. We will report on any further announcements from the Committee as and when they become available.  Meanwhile, HSF’s EU-wide patent litigation practice stands ready to represent clients in the UPC despite the UK's exit from the project, and to manage multi-jurisdictional patent litigation as it always has.

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The Unified Patent Court (UPC) and the Unitary Patent (UP)

Now the UK has ratified the UPC Agreement and more than 12 other Contracting states have also ratified, Germany's ratification is all that stands in the way of the UPC becoming a reality.

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