What does Brexit mean for patent applicants?

The UK’s referendum to leave the EU has undoubtedly caused international upheaval – and is likely to do so in the years to come. However, as far as intellectual property management is concerned, there is no need to worry.
Most importantly: the European Patent Convention (EPC) is an international treaty completely independent of the EU – having Switzerland, Norway, Island and Turkey as Contracting States. Therefore, even after the Brexit, European patent applications filed with the European Patent Office (EPO) can still be validated in the UK after grant – as usual. Patents already validated in the UK will keep their status as British national patents.
For the envisaged European patent with unitary effect (Unitary Patent) and the Unified Patent Court (UPC), it still remains to be seen how the process will continue. Unlike the EPC, they are tied to Member States of the EU. Thus, the UK cannot be part of it AFTER leaving the EU. Although unlikely, the UK could still fulfill its role until its actual exit and help the UPC into existence. However, it seems more likely that latecomer Italy, replacing the Netherlands, will take the UK’s place as one of the three nations that have to ratify the UPC Agreement (UPCA). It also remains to be seen what will happen with the envisaged London section of the UPC’s Central Division. However, this may not require a full-blown re-negotiation of the UPCA, but an amendment of the Agreement by the Administrative Committee to bring it into line with an international treaty relating to patents or EU law.
As a German, Chartered UK and European patent attorney, I’m convinced that patent laws are – and will remain – flexible to accommodate the needs of applicants and proprietors including start-ups.
So, “Keep Calm and Talk to a Patent Attorney” whom you trust.