Patent strategy partner Edward Kelly (Boston) authored an article published in the November edition of Bloomberg BNA World IP Report on European patent filing strategies with the United Kingdom (U.K.) in the process of leaving the European Union (EU), often referred to as “Brexit.”
The author explain that as the U.K. separates from the EU, its interests and ability to keep its national patent laws aligned with those of other EU member states will weaken. There is uncertainty regarding whether the U.K. will participate in the Unified Patent Court (UPC), which is a court being established by most European countries through an agreement made outside of the EU. The article addresses what European patent issues will remain the same, which will change, and analyzes the Canadian patent filing approach as a future model if the U.K. does not participate in the UPC.
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