This is a new form of a European patent in the premature phase of adoption.
The unitary patent effect implies a single renewal fee, individual ownership, a single object of property, a single court (the Unified Patent Court) and uniform protection. This means that cancellation, as well as infringement activities, are to be determined for the unitary patent as a whole rather than for each country separately.
Recently, all EU member states except Spain and Croatia are now contributing to the enhanced cooperation for a unitary patent.
Unitary Patents will make it possible to obtain patent protection in up to 25 EU Member Countries by registering single patent
to in the EPO. The patent holder will be able to appeal for unitary effect after a European patent is granted.
UNITARY PATENT SYSTEM
The procedure in the European Patent Office (EPO) will not be changed
. Before applying for Unitary Patent application, applicant must obtain a EU patent. Once a
EU patent has been granted one must request at the EPO to obtain a Unitary Patent.
When the EPO has approved the application, the registrant has to inquire for a unitary patent within 1 month from the publication.
The unitary patent is meant to deliver patent protection with all 25 European Union member states. Regulations of the Unitary Patent will include:
- One register: EPO will provide a new register for unitary patent protection that will include licensing, technology transfer, limitation, revocation and lapse.
- One Renewal Fee: Annual Renewal Fees for Unitary Patent will be paid to the EPO. It will save time which spend in national renewal fees in different nations.
The proposal must be delivered in the same language in which European Patent Office has addressed the application, ultimately there is no translation required. But During the transition period no more than 12 years one translation need to be provided.
If the application is in French or German language translation need to be provided either into English or into any EU official language if the application language is in English
For example, if EPO has addressed the registration in French or German then an English translation has to be provide.
The “Unitary Patent Guide” strives to empower companies, inventors and their delegates with a frame of the protocols involved in acquiring a Unitary Patent from the European Patent Office (EPO).
WHEN WILL THE UNITARY PATENT COME INTO EFFECT?
The beginning of this modern system is believed to come into action from early in year 2022.
The Unitary Patent system is completely connected to the creation of the Unified Patent Court. This court will have legal authority over Unitary Patents and classic European patents.
The EU laws establishing the Unitary Patent system came into effect on 20 January 2013, but they will only function as from the commencement date of the UPC Agreement.
HOW MUCH DOES THE UNITARY PATENT COST?
Unitary Patent will be comparatively less expensive and business-friendly than the European patent. There is a one-time annual maintenance fee of the unitary patent. The patent holder will have to pay one-time annual renewal fees to the EPO in EURO Currency.
The estimated cost of maintaining a unitary patent will be less than EUR 5 000, and the total to be spent for renewing it up to a 20-year term will be around EUR 44 420.
But if you do comparison, for classic EU patents one have to pay several renewal fees, different prices depend upon registration in different nation’s patent offices which is very costly. In Unitary Patent One fee and One Renewal fee which saves both time and money.