EPO publishes unitary patent guide despite uncertainty
The European Patent Office (EPO) has stood firm in the face of speculation surrounding the implementation of the unitary patent by publishing a guide for future patent owners.
The document, published earlier this month, is intended to provide prospective users with an outline of how to obtain unitary protection and use a patent once it has been granted. The EPO will be the office responsible for granting the patents.
Publication comes at a time when a final implementation date for the patent and concurrent Unified Patent Court (UPC) is under intense scrutiny.
Germany and the UK both need to ratify the UPC Agreement before the project can become a reality.
Although the UK has confirmed it intends to ratify the agreement in spite of its impending departure from the EU, last month the UK Parliament delayed debating a motion that would have kick started the implementation process. The ratification process will not start until next month at the earliest when Parliament returns from its annual break.
A further hurdle was created after a legal challenge was lodged in the German Federal Constitutional Court which caused Germany’s ratification process to be put on hold.
The UPC preparatory committee has ditched the original implementation date of December 2017 and postponed it until further notice.
As the UPC is only open to EU member states, there is debate over whether the UK will be able to participate in the UPC after Brexit.
The EPO’s guide claims that it will be down to EU countries do decide on that issue:
“Whether the UK continues to participate in the unitary patent and the UPC after its withdrawal from the EU will be a political decision for the EU, its remaining member states and the UK and may be addressed as part of the exit negotiations,” the guide says.
Elsewhere, the guide emphasises that a unitary patent should be seen as an alternative to the existing option of a European patent. It clarifies that in the event of a change of ownership and licence, it will not be possible to choose individual jurisdictions in which the patent can be licensed, because a unitary patent is a single right.
On renewal fees, the guide says they will be due on the last day of the calendar month that contains the anniversary of the filing date—as is currently the case.
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