On 28 November 2016, Baroness Neville-Rolfe, Minister for Intellectual Property, made a statement at the EU Competitiveness Council confirming the UK Government’s intention to ratify the Unified Patent Court Agreement. In confirming the UK’s intention to ratify Baroness Neville-Rolfe said the following:

“The new system will provide an option for businesses that need to protect their inventions across Europe. The UK has been working with partners in Europe to develop this option.

“As the Prime Minister has said, for as long as we are members of the EU, the UK will continue to play a full and active role. We will seek the best deal possible as we negotiate a new agreement with the European Union. We want that deal to reflect the kind of mature, cooperative relationship that close friends and allies enjoy. We want it to involve free trade, in goods and services. We want it to give British companies the maximum freedom to trade with and operate in the Single Market - and let European businesses do the same in the UK.

“But 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.”

Along with this statement the Government have confirmed that “the UK will continue with preparations for ratification over coming months” and “working with the Preparatory Committee to bring the Unified Patent Court into operation as soon as possible”.

This news suggests the UPC will come into force at some point during 2017 with UK involvement. The Government have not made any public statements about the nature of the UK’s involvement with the UPC post-Brexit.

Commenting on the news Antony Walker, techUK Deputy CEO, said:

“techUK welcomes the Government’s confirmation that it will ratify the UPC agreement, providing greater certainty for businesses that rely on patents. The UPC will encourage innovation by allowing businesses to protect their inventions across 25 different countries.

“However the Government will need to ensure that the UK will continue to be a member of the UPC once the UK has left the EU.

“Now it has been confirmed that the UK will take part in the Unitary Patent it is in the interest of UK tech that it will not be removed from the new system at some point in the future.”

You can see the official Government announcement here.

techUK had previously called on the Government to confirm its intentions to ratify the UPC, outlining the importance of the UPC to the UK tech industry. You can view our previous statement on the UPC here. 

If you would like to discuss this development, or share your views, please contact Jeremy Lilley, Programme Manager | Cloud, Big Data & Intellectual Property

T: 020 7331 2023
E jeremy.lilley@techuk.org