The Viability of the Unitary Patent Package After the UK’s Ratification of the Agreement on a Unified Patent Court

Abstract

The viability of the unitary patent package after the Brexit vote depends, to a large extent, on a political choice. However, whichever choice is made will entail certain legal consequences that deserve careful consideration. This article analyses the various possible scenarios for the viability of the unitary patent system after the UK’s ratification of the Agreement on a Unified Patent Court. The study traces different angles, with and without the participation of the United Kingdom in such system. Along this line, the hypotheses used cover several situations, either blocking the UK’s participation in the system or envisaging it to the fullest. The consequences of the UK’s participation in the system for third States are also addressed. The study reveals that there are several alternatives for setting the system in motion after the UK’s ratification of the Agreement on a Unified Patent Court; however, the option of keeping the status quo is not among them.