Secondary legislation

16The following two pieces of legislation adopted by the Select Committee of the Administrative Council of the European Patent Organisation further implement the Unitary Patent protection system and are of central importance for its users. 

17The Rules relating to Unitary Patent Protection ("UPR") lay down the details regarding all the procedures to be conducted by the EPO under the two above-mentioned EU regulations and provide for the establishment of a Unitary Patent Division within the EPO (see OJ EPO 2022, A41).

18Most of the UPR provisions relate to requesting unitary effect, i.e. the procedure for obtaining a Unitary Patent from the EPO. The UPR also include important provisions on the compensation scheme for translation costs, licences of right, renewal fees and lapse. In addition, they establish a centralised Register for unitary patent protection and set out the entries to be made in it. Finally, they contain (or refer to) some common procedural provisions which are largely taken from the EPC and its Implementing Regulations, and which apply mutatis mutandis.

19The Rules relating to Fees for Unitary Patent Protection ("RFeesUPP") set out the amounts of all the fees and expenses payable to the EPO by Unitary Patent proprietors and how they can be paid (see OJ EPO 2022, A42). They also provide for the amount of compensation for translation costs which eligible proprietors can receive from the EPO. You should note that the most important provisions of the Rules relating to Fees under the EPC equally apply to the Unitary Patent, in particular those governing how to pay fees to the EPO.