A simple guide to Unitary Patent

by Haseltine Lake Kempner Haseltine Lake Kempner

Here is a simple guide to the unitary patent regulations.

The Unitary Patent (UP) is a European patent that provides uniform protection in participating European Union (EU) countries through a single patent application process. It is administered by the European Patent Office (EPO) and the Unified Patent Court (UPC). The UP system aims to make it easier and less expensive for inventors and businesses to obtain patent protection in the EU. It also seeks to create a single patent system that is more efficient and consistent, with a single set of rules and procedures for obtaining and enforcing patents. The UP system is intended to supplement, rather than replace, the current national and European patent systems.

 

The UP system has yet to come into effect, as it requires the ratification of the UPC Agreement by at least 13 EU member states, such as the United Kingdom and Germany.

Unitary Patent fees

The unitary patent fees would depend on many factors, such as the type of patent (e.g., utility patent, design patent, etc.), the number of claims in the patent, and the number of countries in which the patent will be validated. Generally, the fees for a unitary patent are expected to be lower than the fees for obtaining individual national patents in each country of the EU.

 

The unitary patent is granted by the European Patent Office (EPO). It is valid in all participating European Union member states (EU) as a single patent. It was created to provide a more straightforward, cost-effective way for businesses and inventors to protect their inventions across the EU. Here is a simple guide to unitary patent regulation:

1. Eligibility

 An invention must be new to be eligible for a unitary patent, involve an inventive step, and be capable of industrial application. It must also be the subject of a European patent application granted by the EPO.

2. Application process

The application process for a unitary patent is similar to that for a standard European patent. It involves filing a patent application with the EPO, which is then examined to determine whether it meets the necessary criteria. If the application is successful, a unitary patent will be granted.

3. Validity

A unitary patent is valid in all participating EU member states from the date it is granted. There is no need to validate the patent in each country, as is required for a standard European patent.

4. Maintenance fees

Unitary patents are subject to maintenance fees, which must be paid to keep the patent in force. These fees are payable to the EPO and are due at set intervals after the patent is granted.

5. Enforcement

Unitary patents can be enforced similarly to traditional European patents through the national courts of the participating EU member states.

6. Opting out

Unitary patent court opts out; EU member states can opt out of the unitary patent system, in which case the unitary patent would not be valid in those countries. However, obtaining a standard European patent for protection in those countries is still possible.

Conclusion

If you have questions on the unitary patent or the unified patent court, don't hesitate to contact up@hlk-ip.com.

 

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Created on Feb 22nd 2023 23:54. Viewed 94 times.

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