As we have reported previously, it had been thought that the UK’s vote on June 23, 2016 to leave the European Union would delay the commencement of the Unified Patent Court (UPC) and the introduction of the unitary patent. Some had even questioned whether the UPC and unitary patent would survive at all. The reason is that, in order for the UPC to commence, and for unitary patents to be granted, the Unified Patent Court Agreement must be ratified by thirteen countries, including at least the UK, France and Germany. It was thought that the UK would either be unwilling to ratify the agreement in light of the referendum result, or else that the ratification would feature as part of the wider exit negotiations, and so be delayed. However, on November 28, 2016, the UK Minister of State for Intellectual Property announced at the EU Competitiveness Council that the UK will ratify the UPC Agreement. Although the ratification by the UK Parliament may encounter some resistance from certain Members of Parliament, it is expected to pass. This means that the UPC will now proceed in 2017.
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