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BACK
UP Services
UP request
What UP request services do we offer?

A unitary request filling along with an EP validation strategy evaluation

Relevance:

One of the upcoming UP services – UP request. Every patent requires an evaluation of this strategy because each case is individual and different scenarios will be needed.

Important information about UP requests: applying, translation

Clients should contact us when their EP is still in the application phase. The correct time to apply is before the grant of such an application. Under exceptional circumstances – after it has a very recent grant. That is because the validity period for the unitary effect is somewhat brief – only the length of a single month. You will need to file a full translation alongside the request.

If they grant a patent in French or German, it will be required an English-language translation of the full specification. Those granted in English will need a full translation into any language of the EU. However, one needs this translation for a transitional period of up to twelve years. They ask for the translation for information purposes only. It does not have any legal effect.

After they grant your EP, you have 1 month to take proper actions
order unitary patent request
Up services – REQUEST
1

Please send us your European patent number or enter it into an online UP Estimator. Include the countries you are interested in. The patents must be in the application phase (before their grant). Under exceptional circumstances – after it has a very recent grant

2
We will evaluate the request and will advise a client:

a) whether they should file a UP request. If the patent proprietor chooses the UP, then EP validation in participating member states is no longer possible;

b) whether they should validate their European patent in the ordinary (currently applicable) way;

c) whether they should use a mixed process (a unitary patent plus EP validations).

Evaluation will depend upon which countries one chooses. Also, whether it is acceptable that unitary patents will always fall under the particular jurisdiction of the UPC.

The pros and cons of a unitary patent.
Pros
Cons
Pros

In comparison with the classic European Patent: REQUEST

The classic European Patent currently is like a bundle of national patents. Meanwhile, the Unitary Patent (UP) grant applies the unitary effect within the territory of up to twenty-four participating European Union (EU) member states. That depends upon the request of the applicant. It will have the same set of claims concerning all participating member states.

 

 

Equal protection

A unitary patent will have a unitary character, providing uniform protection and equal effect in all participating member states.

 

 

Maintaining licensing choice | Up services – request

A unitary patent may be licensed with respect to some or all of the member states.

 

 

Unified payment

In addition, each year, one renewal fee for unitary patents will only be payable to the EPO and not to each validated country.

 

 

Reduced costs

There will potentially be a reduced requirement for translations and associated costs during the transitional period. Also, a reduced translation requirement and related costs after the transitional period has concluded.

Moreover, there is no validation cost.

Cons

In unison

A unitary patent may only be limited, transferred, revoked, or may be allowed to lapse in respect of all participating member states in unison rather than for individual member states.

 

 

No opting-out

Unlike traditional European patents, it will not be possible to opt-out of the UPC system for unitary patents.

 

 

Reducing costs might have some negative effects

It will not be possible to select countries where a patent is allowed to lapse or where a patent will maintain its valid state. That is an attempt to reduce renewal costs.

 

 

Requires interest in protection in more countries

A unitary patent will be a more effective and less expensive way to obtain patent protection for an invention. Unfortunately, that is only if the applicant is seeking protection in at least four participating European Union member states.

 

Up request services - How to file it?
online (using ‘Online Filing’ (eOLF), the
new online filing system (CMS), or webform filing), as this is more convenient
in person
by using postal services
by fax

If they have not observed the period for filing a request for unitary effect, an applicant can request the re-establishment of rights in respect of this one-month period (see Rule 22(1) UPR). However, one must file the request for re-establishment within two months of the expiry of the one-month period (see Rule 22(2) UPR). They also must file the request for unitary effect within the same two-month period.

Timing/order:

To obtain a unitary patent, patent owners must request the unitary effect at the European Patent Office (EPO) within one month of the date they grant the request. It is important to remember that this is a non-extendable period.

We will contact you!

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