Unitary Patent UP
New: Unitary Patent (UP)
- Application to the European Patent Office (EPO)
- Application for unitary effect + optional designation of further contracting states
- Result: UP with effect in presently 18 of 24 UP member states; national parts of the EP in the other designated EPC member states
What’s new in the Unitary Patent (UP)?
The Unitary Patent (UP) is an EP granted by the European Patent Office (EPO) in accordance with the rules of the European Patent Convention (EPC), which
- is granted with the same claims for all the states participating in the Unitary Patent, and
- for which the proprietor has applied for unitary effect.
The Unitary Patent has a unitary character: it can only be granted, transferred, enforced, and declared invalid with effect for all the participating member states.
Legal transactions relating to Unitary Patents are subject to the law of the member state in which the applicant has its residence at the time of filing of the application. If the applicant does not have its residence or a branch establishment in one of the participating member states, the law at the seat of the EPO applies, i.e. German law.
What does this mean for your Company?
The introduction of the UP creates a new demand for consulting. In future, patent law will no longer be governed solely by national rules and the EPC, but also by provisions of European and international law.
