After a transitional period, translations will no longer be required when opting for a Unitary Patent. During this transitional period of six years (which may be extended up to a maximum of 12 years), the patent proprietor has to file one translation of the European patent specification:
The translation must be filed together with the request for unitary effect. It is for information only and has no legal effect.
A translation of the claims into the EPO's other two official languages will already have been filed at the end of the grant procedure. This means that if one of those other two EPO languages is chosen for the translation, only the description needs to be additionally translated when filing the request for unitary effect; the translation of the claims can be reused.
Where the language of the proceedings is English and the patent proprietor chooses to file a translation of the specification into an official EU language other than French or German, it is often possible to revert to an application filed with a national patent office and to adapt it.
After expiry of the transitional period, a translation will no longer be required to obtain a Unitary Patent.
A compensation scheme covers the costs of translating the application in the pre-grant phase for SMEs, natural persons, non-profit organisations, universities and public research organisations.
To be eligible, these entities:
Compensation is granted by the EPO's Unitary Patent Division. The request must be filed together with the request for unitary effect. The compensation - set at EUR 500 - complements the reduction in filing and examination fees already available when a European patent application and request for examination are filed in a language of an EPC contracting state other than English, French or German (Rule 6(3) EPC).
For more information, see the Unitary Patent Guide Section C and part 2.2 of the notes on the request for unitary effect (Form 7000).
