Unitary Patent Guide – Contents
  1. Home
  2. Legal texts
  3. Unitary Patent Guide
  4. Contents
  5. F. How to register transfers, licences...
  6. II. Licences and other rights and any legal means of execution
Print
Facebook Twitter Linkedin Email

F. How to register transfers, licences...

Overview

II.Licences and other rights and any legal means of execution 

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

131A Unitary Patent may be licensed in respect of the whole or part of the territories of the participating Member States (Article 3(2) Regulation (EU) No 1257/2012). It may, in respect of all the participating Member States, give rise to rights in rem and may be the subject of legal means of execution. Unitary Patents may also be subjected to a compulsory licence (see Recital 10 Regulation (EU) No 1257/2012). Rule 22(1) and (2) EPC also applies to registration of the grant, establishment or transfer of such rights and any legal means of execution affecting a Unitary Patent (see Rule 23(1) EPC).

Articles 3(2) Regulation (EU) No 1257/2012

Recital 10 Regulation (EU) No 1257/2012

Rule 20(2)(b) UPR

Rule 23(1) EPC

132A licence will be recorded in the Register for unitary patent protection as an exclusive licence if the applicant and the licensee so require. A licence will be recorded as a sub-licence where it is granted by a licensee whose licence is recorded in the Register for unitary patent protection (see Rule 24 EPC).

Rule 24 EPC

133As to the standard of proof applying to the registration of licences and other rights and any legal means of execution, see point 128.

134Upon request and subject to payment of the prescribed administrative fee, a registration of a licence or other right will be cancelled on production of documents satisfying the EPO that the right has lapsed or has been declared invalid, or of a declaration of the proprietor of the right that they consent to the cancellation (Rule 23(2) EPC). If the request is filed via MyEPO Portfolio, it is exempted from payment of the said administrative fee.

Rule 23(2) EPC

OJ EPO 2024, A21

OJ EPO 2024, A5

OJ EPO 2024, A19

135The EPO has been entrusted with receiving licensing commitments undertaken by the proprietor of the European patent with unitary effect in international standardisation bodies (Article 9(1)(c) Regulation (EU) No 1257/2012 and Rule 16(1)(k) UPR). It is recommended that Form 7005, which is available on the EPO's website, be used for requesting the registration of such licensing commitments.

Article 9(1)(c) Regulation (EU) No 1257/2012

Rule 16(1)(k) UPR

Previous
Next
Footer - Service & support
  • Service & support
    • Website updates
    • Availability of online services
    • FAQ
    • Publications
    • Procedural communications
    • Contact us
    • Subscription centre
    • Official holidays
    • Glossary
Footer - More links
  • Jobs & careers
  • Press centre
  • Single Access Portal
  • Procurement
  • Boards of Appeal
Facebook
European Patent Office
EPO Jobs
Instagram
EuropeanPatentOffice
Linkedin
European Patent Office
EPO Jobs
EPO Procurement
X (formerly Twitter)
EPOorg
EPOjobs
Youtube
TheEPO
Footer
  • Legal notice
  • Terms of use
  • Data protection and privacy
  • Accessibility