Regulation (EU) No 1257/2012
  1. Home
  2. Legal texts
  3. Unitary Patent and Unified Patent Court
  4. Contents
  5. Regulation (EU) No 1257/2012
  6. CHAPTER III
  7. Article 7
Print
Facebook Twitter Linkedin Email

CHAPTER III – A EUROPEAN PATENT WITH UNITARY EFFECT AS AN OBJECT OF PROPERTY

Overview

Article 7
Treating a European patent with unitary effect as a national patent

1.A European patent with unitary effect as an object of property shall be treated in its entirety and in all the participating Member States as a national patent of the participating Member State in which that patent has unitary effect and in which, according to the European Patent Register: 

(a)the applicant had his residence or principal place of business on the date of filing of the application for the European patent; or 

(b)where point (a) does not apply, the applicant had a place of business on the date of filing of the application for the European patent. 

2.Where two or more persons are entered in the European Patent Register as joint applicants, point (a) of paragraph 1 shall apply to the joint applicant indicated first. Where this is not possible, point (a) of paragraph 1 shall apply to the next joint applicant indicated in the order of entry. Where point (a) of paragraph 1 does not apply to any of the joint applicants, point (b) of paragraph 1 shall apply accordingly.

3.Where no applicant had his residence, principal place of business or place of business in a participating Member State in which that patent has unitary effect for the purposes of paragraphs 1 or 2, the European patent with unitary effect as an object of property shall be treated in its entirety and in all the participating Member States as a national patent of the State where the European Patent Organisation has its headquarters in accordance with Article 6(1) of the EPC.

4.The acquisition of a right may not be dependent on any entry in a national patent register. 

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