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Brexit Vote Likely to Delay European Patent Courts

Jim Ruttler, Patent Attorney

Posted Friday, June 24, 2016 by Jim Ruttler

The European Unitary Patent and Unified Patent Court system was set to be ratified within the next few months. One can currently obtain a European Patent through the European Patent Office, but this patent must be separately enforced in each country of the EU. Obviously, this is not efficient when an infringer is operating in two countries or more. The Unified Patent Court would have provided a single court system that allowed for enforcement across all of the EU.

According to leading UK magazine, IAM Media, The Unified Patent Court system has been placed on hold now after the Brexit vote. It could take at least two years or more for implementation of the Unified Patent Court and it may never happen now that the UK is planning to exit the EU.

This means that the United States remains the largest single market of coverage for patent assets and that the recent rush to European patents may not result in as large a benefit as hoped.

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