1.3. Legal framework
These Guidelines provide guidance in respect of the practice in proceedings before the EPO in accordance with Regulation (EU) No 1257/2012, Council Regulation (EU) No 1260/2012, the UPR and the RFeesUPP. They address the practice that relates to the procedure for Unitary Patent protection. The search and examination practices and procedures relating to European patent applications, including opposition, revocation and limitation proceedings, are not the subject of the Unitary Patent Guidelines. They are dealt with in the EPC Guidelines, which are available on the EPO website (epo.org).
The present Guidelines are addressed primarily to the staff of the EPO, but are also intended to serve the parties to the proceedings and patent practitioners as a basis for illustrating the law and practice in proceedings before the EPO. As a rule, "party to the proceedings" denotes a proprietor of a European patent or of a Unitary Patent and, if the party is represented, their representative.
The Guidelines cannot cover all possible occurrences and exceptions in every detail but must be regarded as general instructions that may need to be adapted to the individual case. The application of the Guidelines to individual European patents and Unitary Patents is the responsibility of the UPP Division. As a rule, parties may expect the EPO to act in accordance with the Guidelines until such time as they – or the relevant legal provisions – are amended or the UPC decides otherwise. Notices concerning amendments of legal provisions are published in the Official Journal of the EPO and on the EPO website.
The Guidelines do not constitute legal provisions. For the ultimate authority on practice at the EPO, it is necessary to refer first to Regulation (EU) No 1257/2012, Council Regulation (EU) No 1260/2012, the UPR, the RFeesUPP and the UPCA, and second to the interpretation put upon the relevant legislation by the UPC. With regard to the applicable EPC provisions, the case law of the EPO boards of appeal must also be considered. Where a decision or an opinion of the Enlarged Board of Appeal, the Legal Board of Appeal or the UPC is referred to, the practice described has been adapted to take account of the said decision or opinion.
Where decisions of the EPO boards of appeal give an interpretation different to what is described in these Guidelines, EPO staff will follow the practice as described in these Guidelines until further notice.