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2023-06
Read the European single patent (or unified patent, Unitary Patent,UP) that came into effect today.
Today is International Children's Day, and it is also the European single patent (or unified patent, Unitary Patent, UP) system.After a long waitAfter ushered in the new officially effective day. This will make the bulk version of the European patent more concentrated, will have a profound impact on the European patent application process, the right to confirm the procedure and the protection of rights procedures.
This paper is expected to enable Chinese applicants to understand the system more quickly.
Unlike the countries in which the EPC (European Patent Convention) is in force, UP is only partiallyWithin the European UnionStates into force, including Germany, France, Italy, the Netherlands and other countries. Non-EU countries such as the United Kingdom, which has left the European Union, are not in force, while Spain, Poland and Croatia in the European Union have not signed the UPCA (Unified Patent Court Agreement).
In the past, if you want to protect your rights, you need to protect your rights separately in Germany, France and other countries, but there is a lack of a unified jurisdiction court and a single channel for rights protection within the EU. Starting today, the UPC ("Unified Patent Court" or "Single Patent Court") will have an impact on UP and alldoes not opt out of its jurisdictionThe European patent has exclusive jurisdiction. For example, if a European patent issued in 2020 in Germany, France, and Italy is not voluntarily withdrawn from the single patent system, the UPC has jurisdiction over the patent-related dispute.
In the past, when the nine-month objection period for a European patent was missed, the public could only challenge the patent right one by one in a specific effective country, and the determination of the right of different countries was only valid within the corresponding country. Starting today, the public can initiate UPC against UP and alldoes not opt out of its jurisdictionThe decision to revoke the patent right of the European patent will be valid for the country in which the UPCA is in force..
The next7The year is a transition period. During the transition period, as long as no legal action has taken place in the UPC, then the granted European patent can voluntarily withdraw from the single patent system and have a chance to return to the system. In the first three months of UPC's launch, the patentee or applicant of about 460000 European patents and patent applications opted out of UPC in order to watch UPC's development.
05 Changes in application procedures
From the submission of the application to the receipt of the authorization notice, the entire procedure of UP has not changed and is handled normally by EPO in accordance with the existing procedures. And when the country and region of entry into force are selected for the entry into force procedure, the patentee can take the country of entry into force of the UPC as an option, and the patent right is granted in all countries of entry into force at the same time. If the number of target countries in the system exceeds 4, then the cost can cover the entire UPC contract country. It should be noted that once you choose to become UP, you cannot go back on your word.
Author Introduction
Zhu Hongen, with 10 years of foreign-related work experience, is the process manager of the International Department of Suzhou Chuangyuan Patent and Trademark Office, and is familiar with the procedural affairs of foreign patent applications and layout.
Welcome to communicate with the author on patent issues, micro signal: xiaodoubao1720; Tel: 0512-65169186.
Reviewed by: Feng Shangjie
Disclaimer: The article only represents the author's point of view, does not represent the position of the public, nor is it a legal opinion. Some pictures from the network, if there is infringement, please contact delete. Welcome to forward. Reprint please indicate the source.
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