It has been confirmed that under Prime Minister, Boris Johnson, the UK will exit from the Unified Patent Court (UPC). This is clearly another step under the Brexit (British Exit) process for the UK to become independent.
UK Government spokesperson confirmed, “The UK will not be seeking involvement in the unitary patent/UPC system. Participating in a court that applies EU law and bound by the Court of Justice of the European Union (CJEU) is inconsistent with our aims of becoming an independent self-governing nation.”
[Quote via Sarah Morgan @ the World Intellectual Property Review https://www.worldipreview.com/news/uk-won-t-participate-in-upc-19386]
It’s been in the making for almost 40 years, where the European nations have been trying to put together a Unified Patent Court. The plan has been for the UPC to have exclusive jurisdiction over unitary patents, including infringement and validity proceedings. This comes as a hit to businesses whom will now likely see the UPC as less attractive without the UK’s participation. UK patent lawyers are also in dismay since London was due to be one of the locations of the three main patents courts for dealing with European disputes and cases.
It remains to be seen whether the remaining EU participants may still try to pull together a unified court.