BREXIT / Address for service in the United Kingdom for granted European patents / effective from 1 January 2021

The United Kingdom will leave the European Union on December 31, 2020 (end of the transition period).

Thus, as from 1 January 2021, any newly granted European patent designating the United Kingdom will be automatically transferred onto the Register of the UK Intellectual Property Office: this transfer being made with reference to the applicant’s/patentee’s details only (name and address), said owner will therefore receive directly any notifications - in particular notifications before lapse and notifications of lapse for non-payment of an annuity - issued by this office.

Taking into account that the filing of a European patent application is made at the address of the applicant's registered office, the risk of losing a notification - as important as those mentioned above - issued by the British office is extremely high.

Under these conditions, in order to prevent any such risk, we strongly recommend that you systematically appoint a UK representative for any European patent, granted as from 1 January 2021, for which you seek protection in the UK: said local agent will therefore act as address for service in the UK and will be receiving any notifications issued by UK IPO.

We remain at your disposal for any further information you might need on the above matter.

Contact: david.joussot@brevalex.com