A Unitary Patent may be licensed in respect of the whole or part of the territories of the participating Member States for which the Unitary Patent is registered (Art. 3(2) in combination with the second paragraph of Art. 18(2) Regulation (EU) No 1257/2012). It may, in respect of all participating Member States, give rise to rights in rem and may be the subject of legal means of execution (according to the law applicable to the Unitary Patent as an object of property, Art. 7 Regulation (EU) No 1257/2012).
The EPO's established practice applies Rules 23 and 24 EPC apply mutatis mutandis pursuant to Rule 20(2)(b) UPR to the registration of the grant, establishment or transfer of such rights and any legal means of execution affecting a Unitary Patent (Rule 20(2)(b) UPR in conjunction with Rules 23 and 24 EPC). A licence will be recorded in the Register for unitary patent protection UP Register as an exclusive licence if the proprietor and the licensee request it. A licence will be recorded as a sub-licence where it is granted by a licensee whose licence is already recorded in the Register for unitary patent protection UP Register.
A request to record an exclusive licence in the Register for unitary patent protection UP Register is no longer admissible once a statement concerning licences of right has been filed unless that statement is withdrawn (Rule 12(4) UPR).
As to the standard of proof applying to the registration of licences and other rights and any legal means of execution and any administrative fees due, see EPC Guidelines, E‑XIV, 3 and 6.
The registration of licences, other rights and any legal means of execution may be subject to the payment of an administrative fee under the conditions laid down by the President of the EPO pursuant to Rule 20(2)(b) UPR in conjunction with Rules 23 and 24 EPC. Where the request is filed via MyEPO, no fee is due (see the decision of the President of the EPO dated 25 January 2024 (OJ EPO 2024, A5)). A fee is due for requests filed via other means, in which case, the request is deemed not to have been filed until the administrative fee has been paid (see EPC Guidelines, A‑X, 2). The amount of the fee is determined by the latest schedule of fees and expenses of the EPO (see Schedule of Fees).
If the request complies with the requirements of Rule 20(2)(b) UPR, the licence or other right is registered with the date on which the request, the required evidence or, where applicable, the fee has been received by the EPO, whichever is the latest.