A. General
I.Introduction
1This guide outlines the provisions relevant to obtaining, maintaining and managing Unitary Patents and, in particular, offers practical advice to smooth the way to them. It cannot, however, go into the details or specific issues of all the procedures relating to Unitary Patents, and it does not constitute an official commentary on the applicable legislation.
2In this guide, you will find references to various provisions of the two EU regulations relating to Unitary Patents, the European Patent Convention (hereinafter "EPC"), the secondary legislation (Rules relating to Unitary Patent Protection and Rules relating to Fees for Unitary Patent Protection), the EPO's Official Journal (hereinafter "OJ") and the Agreement on a Unified Patent Court (hereinafter "UPCA"). You are strongly advised to consult the legislation and, if you lack the requisite experience, to consult a professional representative before the EPO.
3The authentic texts of the two EU regulations and the relevant secondary legislation adopted by the Select Committee of the Administrative Council of the European Patent Organisation have been published in OJ EPO 2013, 111 and 132, and OJ EPO 2016, A41, OJ EPO 2022, A41 and OJ EPO 2022, A42.
4The authentic text of the EPC is to be found in a separate EPO publication, the European Patent Convention. We also refer you to the decisions and notices published by the EPO in its OJ and on its website (epo.org). You should ensure that you use the latest edition of these or any of the other publications mentioned in this guide.
5The most important sources of law governing Unitary Patents, along with a range of other useful information, are accessible online on the EPO's website. Information on the Unified Patent Court is available on its website.
The EPO will also publish detailed information on the subsidiary legislation which may apply to Unitary Patents in the EU Member States participating in the Unitary Patent scheme ("participating Member States"), in particular on national procedures allowing proprietors to opt for national validation if their request for a Unitary Patent is rejected by the EPO or the Unified Patent Court.