THE UNITARY PATENT SYSTEM: FIRST LEGAL EVENTS
13-15 SEPTEMBER 2023 - 2023 PATENT INFORMATION FAIR & CONFERENCE

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THE UNITARY PATENT SYSTEM: FIRST LEGAL EVENTS
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WHAT IS THE UNITARY PATENT SYSTEM?
UNITARY PATENT Two EU Regulations
 one creating the Unitary
Patent and

UNIFIED PATENT COURT Agreement on a Unified Patent
Court – an international
agreement setting up the Court

 one relating to thetranslation arrangements

The Unitary Patent system entered into operation on 1 June 2023
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A SIMPLE ONE-STEP PROCEDURE AFTER GRANT
FilingSearch Examination

Grant

Request bypatent holder

Unitary Patent

Based on a European patent, grantedby the EPO under the EPC

Registered in one single step at the EPO

Same application and examination
procedure

Uniform protection in 17 EU Member States

High-quality product and service

No need for multiple parallel national validations(administrative procedures, fees, translations)
EPO acts as one-stop shop for all subsequenttransactions
3THE UNITARY PATENT SYSTEM: FIRST LEGAL EVENTSUNITARY PATENT:TERRITORIAL SCOPE

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Unitary effect is possible for all Member States participating inenhanced cooperation and for which the UPCA has enteredinto force at the date of registration of unitary effect
So far 17 states: AT, BE, BG, DE, DK, EE,
FI, FR, IT, LT, LV, LU, MT, NL, PT, SE, SI(UPCA not ratified: CY, CZ, GR, HU, IE, RO, SK; not signed by PL)
 Different generations of Unitary Patents withdifferent territorial coverage in the initial years
 No extension of the territorial coverage to otherparticipating Member States which ratify the
UPCA after the registration of unitary effect Territorial coverage is indicated in
the Register for unitary patent protection
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UNITARY PATENT DASHBOARD

https://new.epo.org/en/statistics-centre#/unitary-patent5THE UNITARY PATENT SYSTEM: FIRST LEGAL EVENTS
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EVOLUTION OF REQUESTS FROM PROPRIETORS FROM JAPAN6

THE UNITARY PATENT SYSTEM: FIRST LEGAL EVENTS
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HTTPS://REGISTER.EPO.ORG/APPLICATION?NUMBER=EP18843133&LNG=EN&TAB=UEMAIN
https://register.epo.org/application?number=EP18843133&lng=en&tab=ueMain

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IN ESPACENET
https://worldwide.espacenet.com/patent/s
earch/family/065271343/publication/EP36
66132A1?q=pn%3DEP3666132

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INPADOC LEGAL EVENTS

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THE UNITARY PATENT SYSTEM: FIRST LEGAL EVENTS
epo.orgWEEKLY UPDATE TABLES
https://www.epo.org/searching-for-patents/data/coverage/weekly.html

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THE UNITARY PATENT SYSTEM: FIRST LEGAL EVENTSLEGAL EVENT CODESEP

U01

REQUEST FOR UNITARY EFFECT FILED

EP

U02

REQUEST FOR UNITARY EFFECT CORRECTED

EP

U03

REQUEST FOR UNITARY EFFECT DELETED

EP

U04

NEGATIVE DECISION AFTER REQUEST FOR UNITARY EFFECT

EP

U05

DATE OF NEGATIVE DECISION AFTER REQUEST FOR UNITARY EFFECT CORRECTED

EP

U06

NEGATIVE DECISION AFTER UNITARY EFFECT REQUEST DELETED

EP

U07

POSITIVE DECISION AFTER REQUEST FOR UNITARY EFFECT

EP

U08

POSITIVE DECISION AFTER REQUEST FOR UNITARY EFFECT CORRECTED

EP

U09

POSITIVE DECISION AFTER REQUEST FOR UNITARY EFFECT DELETED

EP

U12

WITHDRAWAL OF THE REQUEST FOR UNITARY EFFECT

EP

U13

WITHDRAWAL OF THE UNITARY EFFECT REQUEST CORRECTED

EP

U14

WITHDRAWAL OF THE UNITARY EFFECT REQUEST DELETED

EP

U1A

UNITARY EFFECT: PLACE OF BUSINESS CHANGED

EP

U1B

UNITARY EFFECT: PLACE OF BUSINESS CHANGED [CORRECTION]

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EP

U1H

ADDRESS OF THE PROPRIETOR OF UPP CHANGED [CORRECTION]

EP

U1N

REPRESENTATIVE/ATTORNEY OF THE PROPRIETORSOF UPPCHANGED[CORRECTION]
THE UNITARYPATENTSYSTEM:
FIRST LEGAL EVENTS

EP

U20

UNITARY EFFECT: RENEWAL FEE PAID

EP

U21

UNITARY EFFECT: RENEWAL FEE PAID WITH PENALTY

EP

U22

UNITARY EFFECT: RENEWAL FEE PAID [EVENT CORRECTED]

EP

U23

UNITARY EFFECT: RENEWAL FEE PAID WITH PENALTY [EVENT CORRECTED]

EP

U24

UNITARY EFFECT: RENEWAL FEE PAID [EVENT DELETED]

EP

U25

UNITARY EFFECT: RENEWAL FEE PAID WITH PENALTY [EVENT DELETED]

EP

U30

ACTION FILED AT THE UNIFIED PATENT COURT [INFORMATION PROVIDED BY THE UPC]

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ACTION FILED AT THE UNIFIED PATENT COURT [EVENT CORRECTED] [INFORMATION PROVIDED
EP

U31

BY THE UPC]ACTION FILED AT THE UNIFIED PATENT COURT [EVENT DELETED] [INFORMATION PROVIDED BY

EP

U32

THE UPC]EP

U79

UNITARY EFFECT: INTENTION TO LICENSE

EP

U80

UNITARY EFFECT: INTENTION TO LICENSE [CORRECTION]

EP

U81

UNITARY EFFECT: INTENTION TO LICENSE DELETED

EP

U82

UNITARY EFFECT: INTENTION TO LICENSE WITHDRAWN

EP

U83

UNITARY EFFECT: INTENTION TO LICENSE WITHDRAWN [CORRECTION]

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THE UNITARY PATENT SYSTEM: FIRST LEGAL EVENTS
epo.orgWEEKLY UPDATE TABLES
https://www.epo.org/searching-for-patents/data/coverage/weekly.html

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STATISTICS FROM WEEK 33/2023
Authority

Event Code

No. Events

Description ENG

EP

U01

3647

REQUEST FOR UNITARY EFFECT FILED

EP

U07

2516

EP

U08

2

POSITIVE DECISION AFTER REQUEST FOR UNITARY EFFECTPOSITIVE DECISION AFTER REQUEST FOR UNITARY EFFECTCORRECTED

EP

U12

5

WITHDRAWAL OF THE REQUEST FOR UNITARY EFFECT

EP

U1B

15

UNITARY EFFECT: PLACE OF BUSINESS CHANGED [CORRECTION]

EP

U1H

5

ADDRESS OF THE PROPRIETOR OF UPP CHANGED [CORRECTION]

EP
EP

U1N
U20

8
130

REPRESENTATIVE/ATTORNEY OF THE PROPRIETORS OF UPPCHANGED [CORRECTION]UNITARY EFFECT: RENEWAL FEE PAID

EP

U30

1

ACTION FILED AT THE UNIFIED PATENT COURT [INFORMATIONPROVIDED BY THE UPC]

EP

U79

2

UNITARY EFFECT: INTENTION TO LICENSE

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FEE PAYMENTS
Renewal fees for Unitary Patents and any additional fees for their late payment are to be paid to the
EPO. They are due in respect of the years following the year in which the mention of the grant of theEuropean patent which benefits from unitary effect is published in the European Patent Bulletin
EP U20 UNITARY EFFECT RENEWAL FEE PAID with ordinal-year and payment date
EP U21 PENALTY FEE PAID with ordinal-year and payment date (for belated payment of a renewal
fee)

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U20 RENEWAL FEE PAID

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LICENSING
A Unitary Patent may be licensed in respect of the whole or part of the territories of the participating
Member States. It may, in respect of all the participating Member States, give rise to rights in rem andmay be the subject of legal means of execution.
EP U70 LEGAL MEANS OF EXECUTION including country information
EP U72 LICENSING COMMITMENTS including name of the standardisation body
EP U74 LICENCE REGISTERED including licensee and country information
EP U79 INTENTION TO LICENCE

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U79 INTENTION TO LICENSE

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UNIFIED PATENT COURT (UPC): OPT-OUT INFORMATIONThe UPC is a new international court set up to decide on the infringement and validity of
Unitary Patents and "classic" European patents
A proprietor of or an applicant for a European patent granted or applied for before
the end of the transitional period will be able to opt out of the UPC's jurisdiction in
respect of that European patent or application for the entire lifetime of the patent,
unless an action has already been brought before the UPC. (Transitional period ofseven years, which may be prolonged by up to a further seven years)

Note: no opt-out or bring an action before a national court for patents with Unitary effect20THE UNITARY PATENT SYSTEM: FIRST LEGAL EVENTS
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OPT-OUT CODES IN INPADOC
EP

P01

532703

EP

P02

5294

EP

P03

218

EP

P04

56

EP

P06

1

OPT-OUT OF THE COMPETENCE OF THE UNIFIED PATENT COURT (UPC)
REGISTERED
OPT-OUT OF THE COMPETENCE OF THE UNIFIED PATENT COURT (UPC)
CORRECTEDREMOVAL OF THE OPT-OUT OF THE COMPETENCE OF THE UNIFIED PATENT
COURT (UPC) REGISTEREDWITHDRAWAL OF OPT-OUT OF THE COMPETENCE OF THE UNIFIED PATENT
COURT (UPC) REGISTEREDREMOVAL OF THE WITHDRAWAL OF THE COMPETENCE OF THE UNIFIEDPATENT COURT (UPC) DELETED!! Disclaimer !! Responsibility for the accuracy,completeness or quality of the data relating tothe optouts lies entirely with the Unified
Patent Court.

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EXAMPLE

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