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Unitary Patent

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
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« 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

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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

European patents with unitary effect | Unified Patent Court: Toward a start in the first half 2022?
By Jean-Robert CALLON DE LAMARCK, Managing Partner
A few days ago (decision of June 23, 2021, published on July 9), the German Constitutional Court rejected two preliminary injunctions which had been filed against a new act of approval voted by Parliament, on the grounds that the plaintiffs did not demonstrate the violation of their fundamental interests.
Published on: 12th Jul 2021

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Unitary Patent

UPC approved by German Parliament - Already two constitutional complaints
By Henri BOURGEOIS, French & European Patent Attorney
Both chambers of German Parliament have once again voted in favour of the act approving the Unified Patent Court, with enough votes to avoid the invalidity ground raised in the constitutional complaint against the first version of the act. This second iteration must now be promulgated. However, two new complaints have already been filed against it.
Published on: 5th Jan 2021

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Unitary Patent

JUB : Breaking news !
By Stéphanie CELAIRE, Partner and French & European Patent Attorney
Neither Brexit nor Covid-19 seems to have hindered the motivation of the European Commission (EC) to see the project of the Unified Patent Court (UPC) and the Unitary Patent realized.
Published on: 23th Jul 2020

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Unitary Patent

Unified Patent Court - the German federal Constitutional court has finally issued its decision regarding the ratification process in Germany
By Sylvain THIVILLIER Partner and French & European Patent Attorney and Henri BOURGEOIS, French & European Patent Attorney.
On Friday March 20, 2020, the German Federal Constitutional Court issued its decision relating to the appeal filed against the German Act of Approval of the Unified Patent Court (“UPC”), and ruled that the vote at the German Parliament in favour of the ratification was not valid.
Published on: 23th March 2020

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Unitary Patent
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