EU Unitary Patent System
The European Union (EU) has agreed on a new patent system which will allow the European Patent Office (EPO) to grant single unitary patents. EU member states, with the exception of a few including Italy and Spain, will adopt the new system effective January 1, 2014 or on the date of entry of the Agreement on a Unified Patent Court, whichever occurs last. The main advantages of this new system: 1) Broader geographical rights can be obtained for a single, renewable fee, and 2) Less translation requirements for EU patents – in most cases translation services will be required in only one language.
In 2012, the European Parliament agreed upon a patent package, laying the groundwork for unitary patent protection. Following the adoption of the two new regulations, the third component, a Unified Patent Court once established will allow companies to file multiple jurisdictions with one single action. With new patent system in place, applicants will be able to choose a unitary patent effective in the member countries that have adopted it.
In short, a unitary European patent system will reduce bureaucracy and lower the cost of obtaining legal patent protection for an invention across twenty five EU member states. It will also simplify translation requirements:
- When the language of the proceedings of the EPO is in French or German, translations must be provided by the patent proprietor in English.
- When the language of the proceedings is in English, translation of the European patent may be in any official language of the EU.
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