UK Ratifies UPC Agreement


In a speech to mark World IP Day, the British Government's IP Minister, Sam Gyimah, announced that the UK has ratified the Agreement on a Unified Patent Court.

The question of whether the UK will seek to remain a member of the UPC after Brexit is still open, as is the question of whether this is legally possible. Ratification of the Agreement is, perhaps, a hint that the UK will seek to negotiate continued membership, even if the longer-term picture remains unclear.

Only German ratification now remains necessary for the UPC Agreement to enter into force. The "Constitutional Complaint" which is currently hindering German ratification is on the Federal Constitutional Court's list of cases to be decided in 2018, although it is possible that the case could slip into 2019 or later; or that, even if it is heard in 2018, a final decision might take some time.

More news on this story will be reported as it emerges.