Unitary Patent Guide

Unitary Patent Guide

Obtaining, maintaining and managing Unitary Patents 

Regularly updated HTML version 

Contents 

Foreword

A.GENERAL

I.Introduction

II.Legal framework

The two EU regulations adopted under enhanced cooperation

The "participating Member States"

The Agreement on a Unified Patent Court

Secondary legislation

III.Unitary Patents: the concept

The Unitary Patent architecture

Uniform protection and equal effect

When and for which European patents can a Unitary Patent be requested?

The territorial scope of a Unitary Patent

IV.The Unitary Patent: an additional option enhancing the European patent system

V.The benefits of the Unitary Patent

VI.The EPO's Unitary Patent Protection Division

Introduction

Decisions of the Unitary Patent Protection Division

B.HOW TO OBTAIN A UNITARY PATENT

I.The requirements

II.The request for unitary effect

Form and time limit

Mandatory information to be provided in the request for unitary effect

Voluntary indication of a place of business on the date of filing of the European patent application (Article 7(1)(b) Regulation (EU) No 1257/2012 and Rule 16(1)(w) UPR)

Translation of the European patent

III.Filing the request for unitary effect

Language of the request for unitary effect

How and where to file the request for unitary effect

Acknowledgement of receipt

Withdrawal of the request for unitary effect

IV.Examination of the request for unitary effect by the EPO

V.Filing documents other than the request for unitary effect

VI.Re-establishment of rights

Re-establishment of rights in respect of the period for requesting unitary effect

Re-establishment of rights in respect of other time limits

VII.National measures relating to the Unitary Patent

C.THE COMPENSATION SCHEME

I.Eligibility and procedure

II.False declaration of eligibility

D.RENEWAL FEES FOR UNITARY PATENTS

I.Introduction

II.Additional six-month period for paying renewal fees

III.Special features relating to first renewal fees

Three-month safety period under Rule 13(4) UPR

Renewal fee falling due between the grant of the European patent and the registration of unitary effect (Rule 13(5) UPR)

E.PUBLICATIONS AND FILE INSPECTION

I.Register for unitary patent protection

II.European Patent Bulletin

III.Official Journal of the EPO

IV.File inspection and communication of information on file

V.No additional patent documents for Unitary Patents

F.HOW TO REGISTER TRANSFERS, LICENCES AND OTHER RIGHTS AND FILE STATEMENTS ON LICENCES OF RIGHT

I.Transfer

II.Licences and other rights and any legal means of execution

III.Statement on licences of right

G.OTHER PROCEDURAL QUESTIONS: LANGUAGE REGIME, REPRESENTATION AND FEE PAYMENT

I.Language regime

II.Representation before the EPO

III.Fee amounts, payment methods and refunds

H.LEGAL REMEDIES AGAINST EPO DECISIONS: THE ROLE OF THE UNIFIED PATENT COURT

I.Introduction

II.Interlocutory revision by the EPO

III.Expedited action against a decision of the EPO pursuant to Rule 97 RoP UPC: application to annul a decision of the EPO to reject a request for unitary effect