It seems the UK government is still very much talking the talk that they believe we (the UK) will be part of the UPC system after Brexit. How this is possible is yet to be negotiated but, as Daniel Alexander QC said earlier in the discussions before the House of Lords’ EU Justice Sub-Committee, “where there’s will there’s a way”.
For now I guess it’s just one of a multitude of matters still to be negotiated - but it seems there is still the will at least.
intellectual property minister has insisted that the government has sufficient will to ensure the UK can remain part of the proposed Unified Patent Court (UPC) post Brexit – despite uncertainty regarding the court’s ties with the EU. Sam Gyimah said the government was ‘determined to make sure it works’ and that it recognises both the value that the UK would offer the UPC and vice versa. Gyimah was appearing before the House of Lords’ EU Justice Sub-Committee which has been taking evidence over the past few weeks on intellectual property rights after Brexit.
https://www.lawgazette.co.uk/law/government-has-will-to-make-euro-patent-court-work/5068295.article