Single EU patent boosts intellectual property protection and cuts related costs

Under the new EU Patent (unitary patent protection), inventors may submit a single application to protect their invention in 25 Member States. The scheme also makes access to patent protection easier, less costly and legally secure.

ACT

1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection.

SUMMARY

The EU Regulation 1257/2012 on unitary patent protection (UPP) extends the European patent system, enabling an invention to be protected in all of the 25 participating Member States with just one application. The new patent could reduce patent translation and related costs by up to 80%, with a single annual renewal fee to the European Patent Office (EPO).

Patents to date in Europe have either been granted nationally or by the EPO. However, if a European patent is to be effective in a Member State, the patent holder must request validation in each country where patent protection is sought. Translation and annual renewal fees for these patents can be costly and are an overall burden for the EU.

As outlined in this regulation, the EU Patent aims to end the complexity and expense of the current European patent system. For example:

• Holders of European patents can apply for the EU Patent for the territory of 25 Member States at the EPO. This patent will offer the same level of protection for their inventions in all those countries.
• Patent applications can be submitted to the EPO in any language. However applicants will also have to provide a translation in one of the EPO's three official languages (English, French or German). Applicants can claim compensation if they are EU-based businesses, individuals, non-profit organisations, universities and public research bodies. The patent claims defining the scope of protection must be translated into the other two official languages of the EPO.
• Lastly, for a transitional period of no more than 12 years, European patents with a unitary effect that were granted in French or German will need to be translated to English; those granted in English will need to be translated to another official language of the EU. These translations will be required until high-quality machine translations into all EU languages become available.

Enhanced cooperation

Both this regulation and EU Regulation 1260/2012 on translation arrangements for UPP were adopted by 25 Member States under the enhanced cooperation* procedure. Non-participating Member States can join later.

Unified Patent Court

The patent reform package includes an Agreement on a Unified Patent Court. Established under an international agreement signed on 19 February 2013, this court will have specialised jurisdiction in patent disputes, thus avoiding costly multiple litigation in up to 28 different national courts.

* This allows EU Member States willing to work towards a common goal to do so outside of traditional Union collaboration, in this case through an intergovernmental treaty.

RELATED ACTS

1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements. [Official Journal L 361 of 31.12.2012]

Agreement on a Unified Patent Court [Official Journal C 175 of 20.6.2013]

Last updated: 04.03.2014