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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 Effect to be requested – depends now on the date of ratification of the agreement by the United-Kingdom and Germany.

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/en

 

Strategy

According to the profile of the markets concerned, it may be recommended to take action before the EPO to delay the date of grant of a European Patent or file, in a timely manner, a divisional application, so as to obtain a date of grant later than the date of entry into force of the new system, and thus be able to request the Unitary effect of the European Patent.
 
Furthermore, as the jurisdiction of the Unified Patent Court will cover not only Unitary Patent but also possibly 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. Such a review should be made as soon as possible in order to file "opt-out" applications before the entry into force of the Unified Patent Court.
 
If you need more information or have any questions concerning your protection strategy in Europe, your contacts at REGIMBEAU are available.

Latest Publications

Some news from this summer regarding the agreement on the unitary patent court

After Estonia on August 1st, 2017, Lithuania has ratified the agreement on the unitary patent court on August 24...
Published on: 5th Sept 2017

The European Patent Office has Published the “Unitary Patent Guide”

By Stéphanie CELAIRE, Partner
The European Patent Office (EPO) has published the 1st edition of the "Unitary Patent Guide." This guide outlines the texts concerning applications for European patents with unitary effect, annual fees, entries in the Register for Unitary Patent Protection, languages and remedies in the event that the unitary effect is rejected. It also details the practical means by which these procedures will be handled by the EPO on the basis of the rules relating to Unitary Patent Protection (UPR).
Published on: 23th Aug 2017

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