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Conseils en Propriété Industrielle / European Patent and Trademark Attorneys
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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 for the 1 February 2017.

Press Release

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

The patent system in Europe will undergo major changes with the accord ratifying the Unified Patent Court and the Unitary Patent shortly entering into force. It is within this context that this work has been conceived by REGIMBEAU’s IP attorney’s for use by practitioners. It is a thematic organization of the legislative and regulatory texts which will be faced in the near future. This work should be considered as an initial comprehensive assembly of the numerous of tools available, aimed at facilitating their practical use.
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.