A new form of patent, the Unitary Patent, and a complementary patent court system, the Unified Patent Court (UPC), will radically alter the way in which patents in Europe are filed and enforced. However, the reforms have been delayed and controversial not least following the Brexit decision and, most recently, an unexpected German constitutional challenge to the UPC ratifying legislation. The timetable for implementation is for now unclear. Uncertainty also remains over whether the UK’s participation in the system – if it happens - can survive Brexit. We examine these latest developments, the risks which they present and consider what action patent owners should take now.
