Brexit And Patents: 10 Key Things To Know

• Published date: 26 November 2020
• Law Firm: Gowling WLG
• Author: Mr Gordon Harris

On 31 December 2020, the Brexit transition period comes to an end and significant changes to the law in the UK will take effect.

For patents and the law in relation to patents, there are some important soundbites for businesses to be aware of - some of which you may already have heard about, while others may be news outside the UK (even for experienced patent lawyers).

1. For the obtaining and maintaining of patents, there will be little change. This is because
   • The UK national patent system is (and always has been) governed by national and international law, not EU law; and
   • The European patent system, pursuant to which a patent covering the UK may be obtained (as a UK 'designation' of a European patent e.g. EP(UK) xxxxxxx), is also governed by national and international law, not EU law. (This is why the European patent system has always had non-EU members such as Switzerland, Norway and Turkey)
     
2. There will be no change to the office(s) overseeing the grant of such patents and to which maintenance fees need to be paid.
   
3. However, the UK's address for service rules in respect of patents are changing. From 1 January 2021, the rules will not permit the provision of an address for service outside the UK, the...