Brexit – What are the potential consequences for pharma patents and SPCs?

Abstract

Brexit raises a number of difficult questions with regard to intellectual property rights in a post-Brexit world, particularly for UK based pharma companies. Whilst the position with regard to the current European patent system is unchanged, the fate of the unitary patent and the unified patent court remains uncertain. Of more immediate concern is the possible future position with respect to supplementary patent certificates. Should the UK fail to reach an agreement with the EU with respect to marketing authorisations for new pharmaceuticals then there is a real possibility that UK based pharma companies may find themselves in a position where they are unable to obtain EU-wide SPC protection.