Unitary Patent Guide – Contents
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  5. B. How to obtain a Unitary Patent
  6. VII. National measures relating to the Unitary Patent
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B. How to obtain a Unitary Patent

Overview

VII.National measures relating to the Unitary Patent 

This publication has been discontinued. The latest edition is retained for reference purposes only.

87The EPO has published a booklet entitled "National measures relating to the Unitary Patent". This provides a concise overview of the most important national measures accompanying the implementation of the Unitary Patent in the participating Member States having ratified the UPCA and allows the relevant information to be easily retrieved state by state. In particular, it indicates whether the "safety net mechanism" has been implemented in the individual participating Member States. This mechanism makes it possible to validate a European patent where a request for unitary effect has been rejected either by the EPO or the UPC or where unitary effect has been revoked by the UPC after expiry of the deadline for validating the European patent. The booklet also contains information on whether simultaneous protection is allowed for an invention covered by a European patent with unitary effect or a conventional European patent on the one hand and a national patent on the other.

88The booklet moreover provides clarification as to the territorial field of application of a Unitary Patent in the participating Member States as regards overseas territories and areas. Currently, unitary patent protection does not extend to certain overseas territories of France (New Caledonia and French Polynesia) and of the Kingdom of the Netherlands (Aruba). 

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