Unitary Patent Agreement

كتب - آخر تحديث - 13 أكتوبر 2021

Unlike the unitary nature of a European patent application, a granted European patent does not in fact have any unitary character, with the exception of the centralised opposition procedure (which can be initiated within 9 months of the grant of someone other than the patent proprietor) and the centralised limitation and invalidity procedure (which can only be initiated by the patent proprietor). [56] In other words, a European patent in a Contracting State, i.e. a “national” European patent[notes 7], is virtually independent of the same European patent in any other Contracting State, with the exception of opposition, limitation and invalidity proceedings. The application of a European patent is dealt with by national law. [57] The waiver, revocation or limitation of the European patent in one state does not affect the European patent in other states. actions relating to the use of the invention before the grant of the patent or to the right based on the prior use of the invention; The parties may, at any time during the proceedings, conclude their case by way of settlement, which shall be confirmed by a decision of the Tribunal. A patent cannot be revoked or restricted by regulation. However, for large companies, other problems come into play, which has tended to dilute general support. In general, these companies recognise that the current European patent system offers the best possible protection, as requirements of national sovereignty, such as translation and enforcement, must be respected.

The Community patent proposal was generally supported if it addressed these two issues, but there were some concerns about the level of jurisdiction of the proposed European Patent Court. A company would be reluctant to obtain a European patent if it risked being revoked by an inexperienced judge. The issue of translations would not disappear either – unless users of the system see a significant change in the position of some countries waiting for more patent specifications to be translated at grant or application, it was assumed that large companies (most users of the patent system) would probably not stray from the proven European patent. [Citation required] On 17 December 2012, the European Council and the European Parliament reached agreement on the two EU regulations[1][2], which enabled the single patent through enhanced cooperation at EU level. The legality of both regulations was challenged by Spain and Italy, but all their claims were rejected by the Court of Justice of the European Communities. [3] [4] [5] Italy acceded to the Single Patent Regulation in September 2015[6], so that all EU Member States, with the exception of Spain and Croatia, now participate in the enhanced cooperation for a unitary patent. The unitary effect of new granted European patents may be requested from the date of entry into force of the corresponding Agreement on the Unified Patent Court for the first group of ratifyors[notes 2] and extends to participating Member States for which the UPC Agreement entered into force at the time of registration of the unitary patent. . . .