Do I need to file a translation of the European patent when requesting unitary effect, and if so, in which language?
Yes, in accordance with Article 6(1) of Regulation (EU) No 1260/2012, during a transitional period, a request for unitary effect must be accompanied by a translation of the European patent as follows:
- where the language of the proceedings is French or German, a full translation of the specification of the European patent into English; or
- where the language of the proceedings is English, a full translation of the specification of the European patent into any other official language of the European Union.
In accordance with the requirements in Regulations (EU) No 1257/2012 and (EU) No 1260/2012 and in Rule 6(2)(d) of the Rules relating to Unitary Patent Protection, the EPO checks whether the translation has been filed together with the request for unitary effect. If not, it gives you another opportunity to file it within a non‑extendable period of one month. The translation does not have to be certified and the EPO does not check its accuracy as it has no legal effect and is for information purposes only. Nevertheless, according to Recital 12 of Regulation (EU) No 1260/2012, such translations should not be carried out by automated means.
The translations are placed in the public part of the file relating to the European patent with unitary effect, where they can be inspected online by the public.
For more details, please see the Unitary Patent Guide.