The Unitary Patent system grants you patent protection across Europe. Find out what this new system implies and what language services can do for you.<\/p>\n
The European Unitary Patent became a reality on June 1. Granted, its name is a bit of a mouthful. But, if you\u2019d like to launch your innovation in the European market, it\u2019s in your interest to get acquainted with it.<\/p>\n
This new system is a big step forward in the world of intellectual property. It grants you access to uniform patent protection across the European Union.<\/p>\n
Keep on reading to find out more about the Unitary Patent, what it may mean for your business, and which language services you\u2019ll need for your patent-related documents.<\/p>\n
The Unitary Patent aims to stimulate research, development, and investment in innovation. With this in mind, the process of obtaining patents in the European Union (EU) has been simplified.<\/p>\n
In the past, to protect your innovation in different EU countries, you had to apply for individual patents. The process was lengthy and costly. So, many inventors could only afford to patent their inventions in a handful of countries.<\/p>\n
Hence the need for a Unitary Patent. This new system provides uniform protection across all participating countries<\/strong>.<\/p>\n Wondering what this means in practical terms? You submit one single request to the European Patent Office (EPO), and your invention is safe in up to 17 EU Member States.<\/p>\n The first European patents with unitary effect will come into force in the following countries:<\/p>\n These 17 states were the first to ratify the Unified Patent Court (UPC) Agreement. Another seven have already signed but not yet ratified the UPCA. And it\u2019s expected that\u00a0more EU Member States will come onboard in the next few years<\/b>.<\/p>\n Contracting states of the European Patent Convention (EPC) who aren\u2019t in the EU won\u2019t be able to join this system. Some examples are Iceland, Norway, Serbia and Switzerland.<\/p>\n Within one month of having your patent published in the European Patent Bulletin, you must file a \u201cRequest for Unitary Effect\u201d. The body in charge of examining your request is the European Patent Office (EPO).<\/p>\n During a six-year transitional period (extendable to 12 years), your patent specification will have to be translated<\/strong> into:<\/p>\n Once the transitional period is over, machine translations will be used.<\/p>\n The scope of the right granted and its remedies are the same for all participating countries.<\/p>\n Before, in the event of a patent infringement, you had to litigate in parallel in all the European countries where you held a patent.<\/p>\n Now, the Unified Patent Court centralizes litigation. This results in jurisprudence being consistent, reducing the likelihood of conflicts of interpretation.<\/p>\n Validating a patent in several countries leads to fees piling up. Publication fees to each patent office, local attorneys or IP agents\u2019 fees, translation costs… The list is endless.<\/p>\n No fees are due to file a request for unitary effect. According to the EPO, a Unitary Patent costs less than having a European patent registered and maintained in four countries.<\/p>\n Under the new framework, you\u2019ll only pay one single renewal fee to the EPO. Its calculation is based on the combined renewal fees of the four countries where classic European patents were most often validated.<\/p>\n And the result is that the total fees for the first ten years amount to less than \u20ac5,000.<\/p>\n Overall, the European Unitary Patent provides uniform patent protection in participating EU member states, simplifies the patent procedure, and reduces your costs.<\/p>\n Now, there may be a flip side to the unitary system coin. A single invalidation action filed with the Unified Patent Court (UPC) could potentially nullify the patent across all 17 participating countries. This contrasts with the national validation procedure, where patents must be challenged individually in each jurisdiction.<\/p>\n That\u2019s one of the reasons why it may be in your interest to file for the national validation system. This would give you peace of mind, as your patent would be challenged in one single country. And you\u2019d be able to conduct business as usual in any others where your patent is registered.<\/p>\n As mentioned earlier, during the transition, you\u2019ll have to provide one translation of the European patent specification. This period may last up to 12 years.<\/p>\n After that time, this will no longer be a requirement, and the EPO will rely on \u201cPatent Translate.\u201d In other words, the patent claims will be translated by means of a machine translator.<\/p>\n Now, there\u2019s no denying that machine translation has been evolving by leaps and bounds. But nothing replaces the knowledge and experience of a professional translator.<\/p>\nWhich countries are part of the Unitary Patent system?<\/h2>\n
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Which countries are unable to join the Unitary Patent?<\/h2>\n
What\u2019s the process of registration like?<\/h2>\n
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How does the Unitary Patent benefit you?<\/h2>\n
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Will you still need to rely on translation services?<\/h2>\n