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Not only will approval of the new SI require several weeks (I believe the SI has to be laid before Parliament for 21 days, needs to be scrutinised in Committee, and then voted on by both Houses), but a Parliamentary recess is scheduled from 20 July to 5 September. Assuming, as seems likely, that the SI cannot be brought into law during the rather tight window between 9 June (election day +1) and 19 July, we seem to be looking at a delay until at least October before the SI can be brought into effect so that the UK can ratify the UPC Agreement.

This assumes that the Government does indeed intend to press ahead with ratification after the election, although its current intention seems to be to do so and - so far - there have been no indications given that this might change.

On the positive side, assuming that the UK does ratify in the Autumn, although the entry-into-force date will be pushed back to mid-2018, this will allow time for other EU countries to complete their own ratification procedures in the interim, leading to more comprehensive coverage than the current rather fragmentary picture.

Finally, I should note that although most UK-based barristers and solicitors will lose their right to act before the Court after Brexit, under the current rules of procedure it seems that UK-based European Patent Attorneys will continue to enjoy such rights. As an EPA myself this would appear to be a silver lining for our profession amidst the overall cloudy outlook of Brexit...

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