Unitary Patent System in Europe – Future of Patent Applications

Unitary Patent System in Europe – Future of Patent Applications

One of the major benefits of Unitary Patent System in Europe is that its adoption will bring down the patenting costs, and provides “big savings”. Patent applicants seeking patent protection across Europe will find cost savings by filing for a unitary patent.

The European Parliament estimates that this new “one-stop shopunitary patent option will reduce the cost of a European patent by up to 80 percent. According to European Commission estimates, the cost of a unitary patent will be €6,425 during a first “transitional period,” which will last for up to 12 years. After this period, a unitary patent will cost around €4,725 approximately.

The language of proceedings at the European Patent Office is French or German or English. If it is in any other language, the patent proprietor needs to provide a translation of the European patent into English.

Other Benefits:

Once the European patent is granted, there are no subsequent translation requirement for unitary patents – once the transitional period (of up to 12 years) has expired. Only in case of dispute, at the request of a court or an alleged infringer, will the patent proprietor have to provide a full human translation into the relevant language.

When will the changes come into Effect? The unitary patent may be requested from 1 January 2014 or from the date of the entry into force of the Agreement on a Unified Patent Court.

Structure / Mechanism for enforcement of Unitary Patent System in Europe:

The UPC will comprise a Court of First Instance, a Court of Appeal and a Registry. The Court of First Instance will be composed of a central division (with seat in Paris and two sections in London and Munich) and by several local and regional divisions in the Contracting Member States to the Agreement. The Court of Appeal will be located in Luxembourg.

  •     The seat of the Court of Appeal will be in Luxembourg
  •     The seat of the central division of the Court of First Instance will be in Paris
  •     The central division will in addition have thematic clusters located in London and Munich
  •     The Training Center for judges will be located in Budapest
  •     The Patent Arbitration and Mediation Center will be located in Lisbon and Ljubljana

Participating Countries – As on February 19, 2013 – 24 EU Member States signed the agreement. Following are the list of European countries participating in Unitary Patent System: Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Germany, Estonia, Greece, Finland, France, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom

Countries not participating in Unitary Patent system – Spain, Italy, Switzerland, Turkey, Norway, Iceland, etc.

For more information, refer to EPO Website – Unitary Patent

VajraSoft Inc. Thunderbird IP Application Suite will provision the implementation of Unitary Patent System in its application software.

Kameshwar Eranki is President & CEO of VajraSoft Inc. VajraSoft Inc.

About VajraSoft Inc. – VajraSoft Inc., is a Web Software Application Products and Solutions Development Company based in Dublin, California, United States – building Cloud, Enterprise Applications products for the Enterprises. VajraSoft Inc. products won several Cloud awards including – UP Start Awards for Best Industry Application for 2012.

Our Product portfolio includes: Thunderbird IP Application Suite – Global Patent Portfolio Management System, IP Cost-O-Meter TM – a global IP filing cost estimation and Budget forecasting tool; IP Monetizer TM – to manage Intellectual Property / Patent License management and ROI on IP; and IP Analytics providing IP 3600 dashboard reporting based on key metrics.