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II. Legal framework

Overview

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...
I. Transfer
II. Licences and other rights and any legal means of execution
III. Statement on licences of right
G. Other procedural questions
I. Language regime
II. Representation before the EPO
III. Fee amounts, payment methods and refunds
H. Legal remedies against EPO decisions...
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

II.Legal framework 

This publication has been discontinued. The latest edition is retained for reference purposes only.

6The Unitary Patent package consists of two EU regulations that provide the legal framework for the Unitary Patent and an international agreement, the UPCA, which sets up the Unified Patent Court. 

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