Unitary Patent Guide – Contents
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  5. F. How to register transfers, licences...
  6. III. Statement on licences of right
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F. How to register transfers, licences...

Overview

III.Statement on licences of right 

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

136Unitary Patent proprietors may file a statement with the EPO to the effect that they are prepared to allow any person to use their invention as a licensee in return for appropriate consideration (Article 8(1) Regulation (EU) No 1257/2012 and Rule 12(1) UPR). A licence obtained under the system of licences of right will be treated as a contractual licence (Article 8(2) Regulation (EU) No 1257/2012). The statement will be entered in the Register for unitary patent protection free of charge.

Article 8 Regulation (EU) No 1257/2012

Rule 12(1) UPR

137Such statements should preferably be filed with the EPO using dedicated Form 7001 which is available on the EPO's website. A statement cannot be filed as long as an exclusive licence is recorded in the Register for unitary patent protection or a request for the recording of such a licence is pending before the EPO (Rule 12(3) UPR).

Rule 12(3) UPR

138Renewal fees for a Unitary Patent which fall due after receipt of a statement under Rule 12(1) UPR will be reduced by 15% (see Article 3 RFeesUPP). Any additional fee for belated payment of a renewal fee (Rule 13(3) UPR and Article 2(1), item 2, RFeesUPP) will be calculated on the basis of the reduced renewal fee.

Rule 12(1) UPR

Article 3 RFeesUPP

139Proprietors may withdraw their statement at any time by filing a communication to this effect with the EPO. Such withdrawal will however take effect only if the amount by which the renewal fees were reduced is paid to the EPO (Rule 12(2) UPR). The withdrawal should preferably be filed using dedicated EPO Form 7002 which is available on the EPO's website.

Rule 12(2) UPR

140A request for recording of an exclusive licence in the Register for unitary patent protection is no longer admissible once a statement on a licence of right has been filed unless that statement is withdrawn (Rule 12(4) UPR).

Rule 12(4) UPR

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