Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, what steps the Government plans to take to ensure the continued recognition of UK firms' existing trademarks and patents in the EU after the UK has left the EU.

There is no EU patent, so patents can only be granted with effect in individual states, either by applying directly to the relevant national office, or through the European Patent Office, which is not an EU body. These will therefore not be affected by the UK leaving the EU. Patents owned by UK businesses with effect in the UK will continue to be governed by national law.

In contrast, the EU trade mark is a unitary right with effect in the whole of the EU. When the UK leaves the European Union, EU trade marks will still be available to UK business and existing EU trade marks will continue to offer protection in other Member States. We are consulting businesses and considering how existing EU trade marks can continue to provide protection in the UK.