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Rules relating to Unitary Patent Protection

Overview

Regulation (EU) No 1257/2012
CHAPTER I – GENERAL PROVISIONS
Article 1 – Subject matter
Article 2 – Definitions
Article 3 – European patent with unitary effect
Article 4 – Date of effect
CHAPTER II – EFFECTS OF A EUROPEAN PATENT WITH UNITARY EFFECT
Article 5 – Uniform protection
Article 6 – Exhaustion of the rights conferred by a European patent with unitary effect
CHAPTER III – A EUROPEAN PATENT WITH UNITARY EFFECT AS AN OBJECT OF PROPERTY
Article 7 – Treating a European patent with unitary effect as a national patent
Article 8 – Licences of right
CHAPTER IV – INSTITUTIONAL PROVISIONS
Article 9 – Administrative tasks in the framework of the European Patent Organisation
CHAPTER V – FINANCIAL PROVISIONS
Article 10 – Principle on expenses
Article 11 – Renewal fees
Article 12 – Level of renewal fees
Article 13 – Distribution
CHAPTER VI – FINAL PROVISIONS
Article 14 – Cooperation between the Commission and the EPO
Article 15 – Application of competition law and the law relating to unfair competition
Article 16 – Report on the operation of this Regulation
Article 17 – Notification by the participating Member States
Article 18 – Entry into force and application
Regulation (EU) No 1260/2012
Article 1 Subject matter
Article 2 Definitions
Article 3 Translation arrangements for the European patent with unitary effect
Article 4 Translation in the event of a dispute
Article 5 Administration of a compensation scheme
Article 6 Transitional measures
Article 7 Entry into force
Rules relating to Unitary Patent Protection
PART I – INSTITUTIONAL PROVISIONS
CHAPTER I – SUBJECT MATTER
Rule 1 – Subject matter
CHAPTER II – SELECT COMMITTEE OF THE ADMINISTRATIVE COUNCIL
Rule 2 – Competences and duties
CHAPTER III – FUNCTIONS AND POWERS OF THE PRESIDENT OF THE EUROPEAN PATENT OFFICE AND SPECIAL DEPARTMENTS OF THE EUROPEAN PATENT OFFICE
Rule 3 – Functions and powers of the President of the European Patent Office
Rule 4 – Unitary Patent Protection Division
PART II – PROCEDURES TO BE CARRIED BY THE EUROPEAN PATENT OFFICE UNDER REGULATIONS (EU) NO 1257/2012 AND NO 1260/2012
CHAPTER I – THE REQUEST FOR UNITARY EFFECT
Rule 5 – General
Rule 6 – Requirements of the request for unitary effect
Rule 7 – Examination of the request by the European Patent Office
CHAPTER II – COMPENSATION SCHEME
Rule 8 – Definition and beneficiaries
Rule 9 – Request for compensation
Rule 10 – Examination of the request and grant of compensation
Rule 11 – Level of compensation
CHAPTER III – LICENCES OF RIGHT
Rule 12 – Filing of the statement by the patent proprietor
CHAPTER IV – RENEWAL FEES
Rule 13 – Payment of renewal fees for European patents with unitary effect
CHAPTER V – LAPSE
Rule 14 – Lapse
PART III – INFORMATION TO THE PUBLIC
CHAPTER I – REGISTER FOR UNITARY PATENT PROTECTION
Rule 15 – Establishment of the Register for unitary patent protection
Rule 16 – Entries in the Register for unitary patent protection
CHAPTER II – PUBLICATIONS
Rule 17 – European Patent Bulletin and Official Journal of the European Patent Office
Rule 18 – Publication of translations
Rule 19 – Inclusion of decisions of the Unified Patent Court in the files
PART IV – COMMON PROVISIONS
Rule 20 – Common provisions governing procedure
Rule 21 – Oral proceedings
Rule 22 – Re-establishment of rights
Rule 23 – Form of decisions
Rule 24 – Interlocutory revision
Rules relating to Fees for Unitary Patent Protection
Article 1 – General
Article 2 – Fees provided for in the Rules relating to Unitary Patent Protection
Article 3 – Reduction of renewal fees
Article 4 – Compensation for translation costs
Article 5 – Fees, expenses and prices laid down by the President of the European Patent Office
Article 6 – Common provisions governing procedure
Article 7 – Review of renewal fee level and report on specific entities
Agreement on a Unified Patent Court
PART I – GENERAL AND INSTITUTIONAL PROVISIONS
CHAPTER I – GENERAL PROVISIONS
Article 1 – Unified Patent Court
Article 2 – Definitions
Article 3 – Scope of application
Article 4 – Legal status
Article 5 – Liability
CHAPTER II – INSTITUTIONAL PROVISIONS
Article 6 – The Court
Article 7 – The Court of First Instance
Article 8 – Composition of the panels of the Court of First Instance
Article 9 – The Court of Appeal
Article 10 – The Registry
Article 11 – Committees
Article 12 – The Administrative Committee
Article 13 – The Budget Committee
Article 14 – The Advisory Committee
CHAPTER III – JUDGES OF THE COURT
Article 15 – Eligibility criteria for the appointment of judges
Article 16 – Appointment procedure
Article 17 – Judicial independence and impartiality
Article 18 – Pool of Judges
Article 19 – Training framework
CHAPTER IV – THE PRIMACY OF UNION LAW, LIABILITY AND RESPONSIBILITY OF THE CONTRACTING MEMBER STATES
Article 20 – Primacy of and respect for Union law
Article 21 – Requests for preliminary rulings
Article 22 – Liability for damage caused by infringements of Union law
Article 23 – Responsibility of the Contracting Member States
CHAPTER V – SOURCES OF LAW AND SUBSTANTIVE LAW
Article 24 – Sources of law
Article 25 – Right to prevent the direct use of the invention
Article 26 – Right to prevent the indirect use of the invention
Article 27 – Limitations of the effects of a patent
Article 28 – Right based on prior use of the invention
Article 29 – Exhaustion of the rights conferred by a European patent
Article 30 – Effects of supplementary protection certificates
CHAPTER VI – INTERNATIONAL JURISDICTION AND COMPETENCE
Article 31 – International jurisdiction
Article 32 – Competence of the Court
Article 33 – Competence of the divisions of the Court of First Instance
Article 34 – Territorial scope of decisions
CHAPTER VII – PATENT MEDIATION AND ARBITRATION
Article 35 – Patent mediation and arbitration centre
PART II – FINANCIAL PROVISIONS
Article 36 – Budget of the Court
Article 37 – Financing of the Court
Article 38 – Financing of the training framework for judges
Article 39 – Financing of the Centre
PART III – ORGANISATION AND PROCEDURAL PROVISIONS
CHAPTER I – GENERAL PROVISIONS
Article 40 – Statute
Article 41 – Rules of Procedure
Article 42 – Proportionality and fairness
Article 43 – Case management
Article 44 – Electronic procedures
Article 45 – Public proceedings
Article 46 – Legal capacity
Article 47 – Parties
Article 48 – Representation
CHAPTER II – LANGUAGE OF PROCEEDINGS
Article 49 – Language of proceedings at the Court of First Instance
Article 50 – Language of proceedings at the Court of Appeal
Article 51 – Other language arrangements
CHAPTER III – PROCEEDINGS BEFORE THE COURT
Article 52 – Written, interim and oral procedures
Article 53 – Means of evidence
Article 54 – Burden of proof
Article 55 – Reversal of burden of proof
CHAPTER IV – POWERS OF THE COURT
Article 56 – The general powers of the Court
Article 57 – Court experts
Article 58 – Protection of confidential information
Article 59 – Order to produce evidence
Article 60 – Order to preserve evidence and to inspect premises
Article 61 – Freezing orders
Article 62 – Provisional and protective measures
Article 63 – Permanent injunctions
Article 64 – Corrective measures in infringement proceedings
Article 65 – Decision on the validity of a patent
Article 66 – Powers of the Court concerning decisions of the European Patent Office
Article 67 – Power to order the communication of information
Article 68 – Award of damages
Article 69 – Legal costs
Article 70 – Court fees
Article 71 – Legal aid
Article 72 – Period of limitation
CHAPTER V – APPEALS
Article 73 – Appeal
Article 74 – Effects of an appeal
Article 75 – Decision on appeal and referral back
CHAPTER VI – DECISIONS
Article 76 – Basis for decisions and right to be heard
Article 77 – Formal requirements
Article 78 – Decisions of the Court and dissenting opinions
Article 79 – Settlement
Article 80 – Publication of decisions
Article 81 – Rehearing
Article 82 – Enforcement of decisions and orders
PART IV – TRANSITIONAL PROVISIONS
Article 83 – Transitional regime
PART V – FINAL PROVISIONS
Article 84 – Signature, ratification and accession
Article 85 – Functions of the depositary
Article 86 – Duration of the Agreement
Article 87 – Revision
Article 88 – Languages of the Agreement
Article 89 – Entry into force
ANNEX I – Statute of the unified patent court
Article 1 – Scope of the Statute
CHAPTER I – JUDGES
Article 2 – Eligibility of judges
Article 3 – Appointment of judges
Article 4 – Judges' term of office
Article 5 – Appointment of the members of the Advisory Committee
Article 6 – Oath
Article 7 – Impartiality
Article 8 – Immunity of judges
Article 9 – End of duties
Article 10 – Removal from office
Article 11 – Training
Article 12 – Remuneration
CHAPTER II – ORGANISATIONAL PROVISIONS
SECTION 1 – COMMON PROVISIONS
Article 13 – President of the Court of Appeal
Article 14 – President of the Court of First Instance
Article 15 – Presidium
Article 16 – Staff
Article 17 – Judicial vacations
SECTION 2 – THE COURT OF FIRST INSTANCE
Article 18 – Setting up and discontinuance of a local or regional division
Article 19 – Panels
Article 20 – Pool of Judges
SECTION 3 – THE COURT OF APPEAL
Article 21 – Panels
SECTION 4 – THE REGISTRY
Article 22 – Appointment and removal from office of the Registrar
Article 23 – Duties of the Registrar
Article 24 – Keeping of the register
Article 25 – Sub-registries and Deputy-Registrar
CHAPTER III – FINANCIAL PROVISIONS
Article 26 – Budget
Article 27 – Authorisation for expenditure
Article 28 – Appropriations for unforeseeable expenditure
Article 29 – Accounting period
Article 30 – Preparation of the budget
Article 31 – Provisional budget
Article 32 – Auditing of accounts
Article 33 – Financial Regulations
CHAPTER IV – PROCEDURAL PROVISIONS
Article 34 – Secrecy of deliberations
Article 35 – Decisions
Article 36 – Dissenting opinions
Article 37 – Decision by default
Article 38 – Questions referred to the Court of Justice of the European Union
ANNEX II – Distribution of cases within the central division

Rules relating to Unitary Patent Protection as adopted by decision of the Select Committee of the Administrative Council of the European Patent Organisation of 15 December 2015 and as last amended by decision of the Select Committee of the Administrative Council of 23 March 202213 November 2024

Rules relating to Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection and to Council Regulation (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements1

(hereinafter "Rules relating to Unitary Patent Protection")

Table of Contents

PART I – INSTITUTIONAL PROVISIONSRule 1 – Rule 4

PART II – PROCEDURES TO BE CARRIED BY THE EUROPEAN PATENT OFFICE UNDER REGULATIONS (EU) NO 1257/2012 AND NO 1260/2012Rule 5 – Rule 14

PART III – INFORMATION TO THE PUBLICRule 15 – Rule 19

PART IV – COMMON PROVISIONSRule 20 – Rule 24

 

1Adopted by decision of the Select Committee of the Administrative Council SC/D 1/15 of 15.12.2015 (OJ EPO 2016, A39), which will enter into force on the date of application of Regulations (EU) No 1257/2012 and No 1260/2012.

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