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What will be the procedure to gain a UP, compared to the procedure for getting an EP?

Applying for UP – comparison of UP and EP.

 

The applicant must first receive a European patent to obtain a unitary patent. One must file an EP under the existing European patent application procedure. Moreover, EPO must process it the way it currently does. All application and examination procedures will remain unchanged. The difference will be that after granting the patent application, it will be possible to request a unitary effect covering all participating EU member states.

 

Differences in the procedure to gain a UP and a EP

 

The unitary patent system will enable patent protection in up to twenty-four EU member states by submitting a single request to the European Patent Office (EPO). The unitary patent will be another option regarding the current national validations after granting a European patent application. One must file a request for a unitary patent within one month after the publication of the required grant. There will be no official fee for the request. A European patent application does not need to become a unitary patent for those states which are participating states.

After being issued a grant, the applicant will choose either a unitary patent or national validations. They have to do it within three months after publication of the mention of the grant filed under the present system. Also, they will carry out traditional EP validations for EPC countries that are not participating in the unitary patent system. Additionally, they will do it to EPC contracting countries that are not members of the EU.

 

Applying for UP – comparison

 

The first unitary patents will cover only those participating member states that have ratified the UPCA when one requests a unitary patent. There will be no extension of UP to other member states which may ratify the ‘UPC Agreement’ after the registration of a UP. Even after the new system enters into force, it may be necessary to validate EPs. That applies to those member states participating in enhanced cooperation but which have not yet ratified the ‘UPC Agreement.’

 

If you have any questions, do not hesitate to contact us.

Each patent case is individual and different. Don’t know which way UP or EP to choose? Applying for UP - comparison.
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It is not possible to convert any European patents which have previously or currently been granted into unitary patents.
Still un-ratified ‘UPC Agreement’ countries: Czech Republic, Germany, Ireland, Greece, Cyprus, Hungary, Romania, and Slovakia.
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