Applying for UP Timeline
18
EU member states
1
Renewal fee to EPO
2023
System in force since
UPC
Single court
Actions and time-limits to gain a Unitary effect
To reap the full benefits of the UP system, certain time limits must be met to qualify for a unitary patent.
Applying for a request
The first time limit for getting a unitary patent occurs after the publication of the European patent grant. The European patent proprietor has to formally request a unitary effect. They have to file it in writing, no later than one month after the mention of the EP grant is published in the ‘European Patent Bulletin’. This time limit is non-extendable – if you miss this period, only a re-establishment of rights is available.
Requirements for any request for unitary effect:
- File the request in the language used in the proceedings
- Particulars of the European patent’s proprietor (individual or company submitting the request)
- The number of the European patent that should receive the unitary effect
- An appointed representative and their particulars
Translation
You must provide a translation into English of the European patent, if you use French or German in the proceedings. If the proceedings are in English, you have to do a full translation into any language of the EU regarding the specifications of the European patent. If your request meets these criteria, you will be allowed to register for ‘Unitary Patent Protection’.
