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What is the Unitary patent?

The Patent system in Europe is likely to undergo major changes with the upcoming entry into force of the agreements establishing the Unified Patent Court and the Unitary Patent system.
Issued by the European Patent Office, the current European Patent upon grant splits into a bundle of national titles subject to the various national laws and procedures, whereas the Unitary Patent will produce an identical effect in all the EU States participating in the enhanced cooperation.

When will this new system enter into force?

The entry into force of the agreement allowing the Unified Patent Court – and thus the Unitary Patent – to be requested is predicted before the end of 2017.

Press Release

Publication of: Unitary Patent and the Unified Patent Court: Europe adopts new tools to promote innovation

REGIMBEAU announces the publication of a work dedicated to one of the major European projects: the Unitary Patent and the Unified Patent Court (UPC). Following the announcement by the British Government ratifying the UPC Agreement, the Unitary Patent and the UPC should enter into force shortly. In this context a number of REGIMBEAU’s European and French Patent Attorney have examined the various legal rules which will govern the future Unitary Patents and the Unified Patent Court.
Published on: 14th Jan 2017

« National Validations » versus « Unitary Patent » : estimate the cost difference

Sim’UP is a tool, accessible to everybody, to simulate scenarios and help in decision making for the validation of your European patents.
This completely free online tool – developed by REGIMBEAU – enables you to perform budget simulations and compare the post grant costs of your European patents, with or without the Unitary Effect.
 
The proposed estimates include the official fee as well as professional fees for the following steps:

ž  Validation (including possible translation costs)

ž  Renewal fees: official taxes and professional fees

SIM'UP: online tool to perform budget simulations

SIMUP

This free online budget simulation tool for European patents allowes you to compare post-grant costs (incl. validations & renewals) with or without Unitary Effect.

 

https://unitary-patent-costs.eu

 

Strategy

According to the profile of the markets concerned, it may be recommended to take action before the EPO to delay the date of issue of a European Patent or file, in a timely manner, a divisional application, so as to obtain an issue date of 2017 or later, an essential requirement to request a Unitary Patent.
 
Furthermore, as the jurisdiction of the Unified Court for Unitary Patents may be extended to cover all European Patents (exclusive at the end of the transitional 7 year period), and in order to avoid the risk of titles being subject to a single jurisdiction a strategy of national filings may be considered.

We recommend reviewing your patent portfolio as soon as possible to decide which European Patents and European Patent applications should waive the exclusive jurisdiction of the Unified Patent Court. Preferably, such a review should be made by autumn 2016 in order to file "opt-out" applications before the entry into force of the Unified Patent Jurisdiction.
 

If you need more information or have any questions concerning your protection strategy in Europe, your contacts at REGIMBEAU are available.

Latest Publications

Unified Patent Court: Ratification by Italy, entry into force for the end of 2017 ?

by Sylvain THIVILLIER, Head of the Munich Office
On February 10, 2017, Italy became the 12th member state ratifying the International Agreement on a Unified Patent Court (UPC). Italy, who had initially expressed reservations regarding the project of a new European system for patents, composed of the Unitary Patent (UP) and the Unified Patent Court (UPC), now gives a strong message in ratifying the UPC agreement and we hope that this is an optimistic sign for a rapid entry into force of the UP and UPC
Published on: 14th Feb 2017

Book: Unitary Patent and the Unified Patent Court (French only)

​The Patent system in Europe will undergo major changes with the upcoming entry into force of the agreements establishing the Unified Patent Court and the Unitary Patent. Download the outline (french only) or order the book on the link below.
Published on: 24th Jan 2017

Unified Patent Court: No Opt-Out Fee!

by Sylvain THIVILLIER, Head of the Munich Office
On 24 and 25 February 2016, the Preparatory Committee for the UPC met and agreed on a text stating the “Rules on Court fees and recoverable costs” linked to the UPC, in which it should be noted that the official fee for opting out of the exclusive jurisdiction of the UPC has been removed.
Published on: 2nd March 2016

Is 2016 the final stretch before the entry in force of the Unitary Patent and the Unified Patent Court?

By Christian TEXIER, Partner, and Sylvain THIVILLIER, Head of the Munich Office
The reference texts defining the Unitary Patent and the Unified Patent Court allow us already to identify certain general principles for these systems. During the last 2 years, the Preparatory Committee of the UPC has done tremendous work to draft the rules of implementation for these new systems, rules which should be adopted in the following (next few?) months.
Published on: 9th Feb 2016