The prospect of Brexit, should Article 50 be triggered, could put paid to the unitary patent scheme.
The Unified Patent Court, based on the Unified Patent Court Agreement signed by 25 EU Member States, is due to open for business in London next year.
It was to comprise a central court in Paris with sections in London and Munich and local divisions in other Member States. However, the UK court may now not open.
According to a statement by patent lawyers Marks & Clerk, “it seems clear that the UK will now not be a part of that project—should it proceed at all”.
