Since the result of the UK’s referendum on the EU there has been much discussion about what will happen to the unitary patent system in the period before Brexit and also once Brexit has occurred.

Prior to the EU Referendum, many articles that discussed Brexit (including on this blog) referenced the CJEU Opinion 1/09 as the basis for saying that only EU Member States could take part in the UPC Agreement. Following the EU Referendum however a number of commentators posted articles that presented potential mechanisms for the UK’s continued participation in the unitary patent project (UPP).

The future prospects for the UPC and the unitary patent project as a whole have looked somewhat uncertain following the Referendum.

Last week, an opinion (herein the “UPC Opinion”) by Richard Gordon QC and Tom Pascoe of Brick Court Chambers was published which considers the UK, Brexit and the UPP in great detail. Can the UK continue to be a part of the UPP? The short answer seems to be “yes, but…” and further detail on the opinion and the issues discussed is summarised below. (more…)