Draft Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016

Debate between Lord Vaizey of Didcot and Lord Brennan of Canton

Tuesday 1st March 2016 General Committees

[Mr Vaizey]

I hear from the Opposition Benches that the deal has already been done, but I will leave it up to hon. Members to decide on the validity of that remark.

[Kevin Brennan]

There was reference in the Library briefing to a blog from Bristows, the starting point of which is that it will not be possible for a non-EU member state to take part in the proposed unified patent court regime. I presume that, if that is the case, we would not be able to apply to be part of it, and British business and UK plc would lose the benefit of being able to register a single patent.

[Mr Vaizey]

I am grateful to the hon. Gentleman for his clarification on that point. I think that that was sort of what I was saying: clearly, were we to leave the European Union, we would no longer be members of the unified patent court. It would then be a matter for the UK Government to ask the European Union whether we could be a member, if we thought that was a good thing. I suspect the European Union would have something to say about that. For people whose lives are dominated by thoughts of having a European patent, it would be a bad thing if we were not a member of the European Union. I hope that that is clear.

Question put and agreed to.