Patents are not affected

The legal basis for European patents is the European Patent Convention, not the EU organization. Regardless of whether the UK leaves the EU or not, the UK will remain a member of the European patent system. The European patent system is independent of the EU, and the European Patent Convention is responsible for controlling and granting European patents, so European patents are not affected by Brexit.

Impact of Design

After the UK leaves the EU, registered EU designs (EU designs) will no longer cover the UK.

The specific regulations are as follows:

It should be noted that the EU appearance applied for from February 1, 2020 cannot be effective in the UK. If you want to protect it in the UK, you need to apply to the British Patent Office separately. Submit your application.

The registered homologous design (RCD) system is similar to the EU trademark system. Applicants need to convert the registered homologous design into British design rights or independently apply for British design right protection.

Trademarks have a greater impact

After Brexit, the EU trademark system will no longer cover the UK, that is, EU trademarks will no longer be protected in the UK.

The specific provisions are as follows:

If you intend to obtain protection in both the EU and the UK, the trademark owner needs to convert the EU trademark into a British trademark, or apply for independent trademark protection in the UK at the same time.

In general, for companies with overseas business needs, after Brexit, in order to prevent squatting and strengthen overseas intellectual property protection, they should register British trademarks as soon as possible to speed up the process. Apply for protection of British trademarks individually at the fastest speed, thereby reducing the loss of money and time costs.