The Unitary Patent One single patent covering 25 EU members October 2013 Rodolphe Bauer, Frédéric Dedek, Gareth Jenkins, Cristina Margarido Patent Examiners, EPO

The European patent of today The European patent office examines and grants a European patents in a single application procedure in English, French or German. After grant, the European patent is then converted into national patents of the 38 members states of the European patent conventions. –Requires translations –Litigation in many countries European patent National patents validation

Unified Patent Court – Main features (IV) Since 1977, successful centralised European patent granting procedure at the European Patent Office Shortcomings in the post-grant phase From the Community patent to the unitary patent The European Union's patent package –1. Unitary patent (protection) –2. Unified Patent Court The European Patent System

The European Union and the Unitary patent a historical perspective Treaty of Rome EEC 1957 Maastricht Treaty EU 1993 Common Euro currency 1999 Brussels treaty European community 1967 European Patent Convention 1973 Luxembourg Convention on the Community patent 1975 First European Patent Application 1978 First Unitary Patent 2015? EU patent package agreement 2013 Nobel Peace Price 2012 The European Union and the Unitary patent a historical perspective Agreement Community patents 1989 London agreement on translations 2008 Commission proposal Council regulation 2000

>600 million people 38 member states >20 official languages The European patent of today

The Unitary patent - basic concepts A supranational patent A post-grant option for EPO patents with many benefits The Unitary patent does not need national validation in participating EU countries Automatic translations will be used for information. European patent Unitary effect

Same application procedure as for current EPO patents After grant, a request is made for unitary effect National validation only needed in non-participating countries No double protection by a unitary a classical patent European patent validation into National patents unitary effect How can you apply for a Unitary patent?

Why will the Unitary patent be cheaper? Translation costs account for around 50% of the current costs. The use of automatic translations will provide an enormous saving of costs Centralized litigation will be provided by a unified patent court. Legal certainty can be achieved without multiple and costly national court proceedings The renewal fees will be centrally administered by the EPO

World Nominal GDP (Billions of US $) Bold black = Unitary Patent, covering around 23% GDP Bold red = EPC, but not in Unitary Patent

Unitary effect, <1 month after grant publication How to fight over patents after grant EPO application EPO grant+publication Notice of Opposition <9 month after grant publication Procedures before the EPO relate to patentability and can overlap in time and subject with those of the Unified patent court Unified patent court: First instance Court of Appeal Court of justice of the EU Decides on infringements and revocations Court proceedings can be initiated any time during a patent's life time Examination Opposition procedureAppeal procedure

11 1. Court of First Instance  Central Division  Local Divisions  Regional Divisions 2. Court of Appeal 3. Registry 4. Patent Mediation and Arbitration Center 5. Training Center for Judges THE UNIFIED PATENT COURT

12 1. Court of First Instance  Central Division  Local Divisions  Regional Divisions 2. Court of Appeal 3. Registry 4. Patent Mediation and Arbitration Center 5. Training Center for Judges THE UNIFIED PATENT COURT

13 THE UNIFIED PATENT COURT chemistry, pharma- ceuticals, biotechnology, metallurgy, human necessities, including medical devices electronics, software, textiles, physics, etc. mechanical engineering, lighting, heating, weapons, blasting

14 1. Court of First Instance  Central Division  Local Divisions  Regional Divisions 2. Court of Appeal 3. Registry 4. Patent Mediation and Arbitration Center 5. Training Center for Judges THE UNIFIED PATENT COURT - +1 per 100 add. cases - max. 4 - case counting?

15 1. Court of First Instance  Central Division  Local Divisions  Regional Divisions (2 or more MS) 2. Court of Appeal 3. Registry 4. Patent Mediation and Arbitration Center 5. Training Center for Judges THE UNIFIED PATENT COURT

16 1. Court of First Instance  Central Division  Local Divisions  Regional Divisions 2. Court of Appeal 3. Registry 4. Patent Mediation and Arbitration Center 5. Training Center for Judges THE UNIFIED PATENT COURT

17 1. Court of First Instance  Central Division  Local Divisions  Regional Divisions 2. Court of Appeal 3. Registry 4. Patent Mediation and Arbitration Center 5. Training Center for Judges THE UNIFIED PATENT COURT

18 1. Court of First Instance  Central Division  Local Divisions  Regional Divisions 2. Court of Appeal 3. Registry 4. Patent Mediation and Arbitration Center 5. Training Center for Judges THE UNIFIED PATENT COURT

Unified Patent Court language of the EPO patent national language national language First Instance

20 THE UNIFIED PATENT COURT  Common court to the Contracting Member States  competent for  Unitary patents (European patents with unitary effect)  European patents (not yet lapsed at the date of entry into force or granted after that date, including pending applications)  Supplementary protection certificates (SPCs)

21 Language of Proceedings (Art. 49)  Local and Regional Divisions language of the host country  Central Division language of patent (50-75 % English, % German 5-10 % French)  Court of Appeal language of first instance proceedings; upon request of the parties, language of patent ORGANIZATION OF THE UPC

Present system High costs for patent proprietors –post-grant translation costs –national renewal fees Sub-optimal enforcement scheme –multiple litigation –diverging national decisions –high costs –legal uncertainty Unitary system European patents with unitary effect –lower translation costs –centralized handling of renewal fees Unified Patent Court –centralized litigation –legal certainty without influence of national laws For more info: Summary

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