PART II – PROCEDURES TO BE CARRIED BY THE EUROPEAN PATENT OFFICE UNDER REGULATIONS (EU) NO 1257/2012 AND NO 1260/2012
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CHAPTER III – LICENCES OF RIGHT

Overview

Rule 12
Filing of the statement by the patent proprietor

(1)The proprietor of a European patent with unitary effect may file a statement with the European Patent Office that he is they are prepared to allow any person to use the invention as a licensee in return for appropriate consideration. In that case, the renewal fees for the European patent with unitary effect which fall due after receipt of the statement shall be reduced; the amount of the reduction shall be fixed in the Rules relating to Fees for Unitary Patent Protection. The statement shall be entered in the Register for unitary patent protection. 

(2)The statement referred to in paragraph 1 may be withdrawn at any time by a communication to this effect to the European Patent Office. Such withdrawal shall not take effect until the amount by which the renewal fees were reduced is paid to the European Patent Office. 

(3)The statement referred to in paragraph 1 may not 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 European Patent Office. 

(4)No request for recording an exclusive licence in the Register for unitary patent protection shall be admissible after the statement referred to in paragraph 1 has been filed, unless that statement is withdrawn. 

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