Article 69

EUROPEAN PATENT OFFICE

Information from the EPO

Decision of the President of the European Patent Office dated 30 May 2022 concerning the allocation of the tasks to be carried out by the European Patent Office in relation to the European patent with unitary effect and concerning the entrustment of duties incumbent on the Unitary Patent Protection Division

The President of the European Patent Office,

having regard to Article 9(1) Regulation (EU) No 1257/2012, Article 143(2) of the European Patent Convention (hereinafter "EPC") and Rules 1(1), 3 and 4 of the Rules relating to Unitary Patent Protection (hereinafter "UPR"), and

having regard in particular to Rule 20(1) to (3) UPR on the applicability mutatis mutandis of the EPC,

considering that

• Regulations (EU) No 1257/2012 and (EU) No 1260/2012 setting up the Unitary Patent will apply from the date of entry into force of the Agreement on a Unified Patent Court (see Article 18(2) of Regulation (EU) No 1257/2012 and Article 7(2) of Regulation (EU) No 1260/2012),
• the Rules relating to Unitary Patent Protection and the Rules relating to Fees for Unitary Patent Protection adopted by the Select Committee of the Administrative Council will also enter into force on the date of application of Regulations (EU) No 1257/2012 and (EU) No 1260/2012,1

has decided as follows:

Part I

Allocation to the Legal Division of the tasks incumbent on the Unitary Patent Protection Division

The tasks entrusted to the European Patent Office in accordance with Rule 1(1) UPR and to be carried out under the responsibility of the Unitary Patent Protection Division are allocated to the Legal Division of the European Patent Office set up under Article 15(e) EPC.

Part II

Entrustment of duties incumbent on the Unitary Patent Protection Division

Article 1

Entrustment to formalities officers of certain duties incumbent on the Unitary Patent Protection Division

Within the framework of the responsibilities of the Unitary Patent Protection Division, certain employees (formalities officers) who are not legally qualified members of the Unitary Patent Protection Division shall be entrusted with the following duties:

1. Examination as to the requirements under Rule 5 UPR;

2. Examination as to the requirements under Rule 6 UPR;

3. Examination of duly-made appointments of representatives and authorisations as well as communications under Rule 20(2)(l) UPR (Rule 152(2), (3) and (6) EPC);

4. Examination as to the requirements for compensation for translation costs under Rules 8 and 9 UPR;

5. Communications concerning obvious deficiencies relating to cases under points 2 to 4;

6. Registration of unitary effect, where the request can be granted directly, and communication of the date of registration pursuant to Rule 7(1) UPR;

7. Rejection of the request for unitary effect pursuant to Rule 7(2), second alternative, or Rule 7(3) UPR;

8. Decisions concerning the grant of compensation for translation costs under Rule 10 UPR and decisions on payment of the lump sum provided for in Rule 11 UPR in accordance with Article 4 Rules relating to Fees for Unitary Patent Protection (hereinafter "RFeesUPP");

9. Decisions on requests under Rule 22 UPR in cases where the request can be dealt with without oral proceedings under Rule 21 UPR or without further taking of evidence under Rule 20(2)(e) UPR (Rule 117 EPC) and can be granted directly;

10. Decisions concerning inspection of files in cases covered by Rule 20(1) UPR (Article 128(4) EPC) and Rule 20(2)(j) UPR (Rules 144 EPC and 146 EPC);

11. Notification as required under Rule 20(1) and (2)(f) UPR (Article 119 EPC and Rules 125 to 130 EPC), examination of proof of notification and decisions concerning notification;

12. Decisions concerning the correction of errors in documents filed with the EPO under Rule 20(2)(h) UPR (Rule 139, first sentence, EPC);

13. Communications concerning loss of rights under Rule 20(2)(d) UPR (Rule 112(1) EPC);

14. Decisions and informing the party requesting the decision, under Rule 20(2)(d) UPR (Rule 112(2) EPC);

15. Examination of requests for registration of transfers of rights and changes of name under Rule 20(2)(b) UPR (Rule 22 EPC), as well as communications concerning obvious deficiencies;

16. Registration of transfers of rights and changes of name in the Register for unitary patent protection under Rule 20(2)(b) UPR (Rule 22 EPC) where the request can be granted directly;

17. Decisions concerning the refund of fees under RFeesUPP.

Article 2

Competence of the Unitary Patent Protection Division to take decisions itself

(1) The case shall be processed by a legally qualified member of the Unitary Patent Protection Division inter alia where:

(a) a request for registration of a transfer of rights is filed after mention of the grant and a request for unitary effect is pending or is filed together with a request for unitary effect;

(b) there are deficiencies under Rule 5 UPR;

(c) a request under Rule 22 UPR cannot be dealt with without oral proceedings or further taking of evidence or may have to be rejected;

(d) there are substantive deficiencies under Rule 20(2)(b) UPR;

(e) a decision on a stay of proceedings under Rule 14 EPC is pending;

(f) a decision on an interruption of proceedings under Rule 142 EPC is pending.

(2) Delegation of a duty under Article 1 to an employee who is not a legally qualified member of the Unitary Patent Protection Division shall not affect the competence of a legally qualified member of the Unitary Patent Protection Division to take decisions themself.

Part III

Entry into force

This decision will enter into force on the date of entry into force of the Rules relating to Unitary Patent Protection.

Done at Munich, 30 May 2022

António CAMPINOS

President