Patent owners will be pleased to know that patents remain unaffected by Brexit because the European Patent Office is not connected to the European Union. That said, Trademarks and Design applications are affected!
As of January 1st 2021, the UK is no longer covered by EU designs and EU trade marks. Trademark and design owners should be aware that all existing registrations in the EU have been automatically replicated and registered within the UK at no additional cost. However, this is not the case for pending applications. Any application that was pending as of January 1st 2021 must still be filed independently in the UK within a grace period of 9 months (through September 30th). Applications filed within this period will maintain their EU filing or priority date.
Our UK members strongly advise reviewing EU portfolios at this time and seeking out UK counsel to ensure protection is maintained. The PCT Network is standing by to assist you with renewal payments as well as for locating the best UK counsel.
