European and UK patents are not impacted by Brexit. The European Patent Office (EPO) is established under the European Patent Convention (EPC). The EPC is separate from the European Union and the UK is, now, one of several non-EU contracting states. The EPO will continue to validate “European” patents in the UK and the UK will continue to grant UK national patents.

European registered trademarks and Community registered designs are not immediately impacted. The UK has entered a transition period set to end on December 31, 2020. The UK Intellectual Property Office is creating trademark and design rights comparable to registered EU trademarks and Community designs to maintain continuity of protection in the UK. EU trademark and Community design applications that are pending on January 1, 2021, will no longer have effect in the UK. There will be a nine-month window from the end of the transition period to apply in the UK for the same trademark and design protections.