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Unitary Patent : Council Regulation 1257/2012

The 1257/2012 Regulation establishes a Unitary patent within the framework of an enhanced cooperation between certain EU member States.

This regulation of the European Union establishes a "unitary patent" for the EU countries that are part of the enhanced cooperation regarding this matter ;

Main points :

  • - The Unitary patent has the same effects in all participating countries.
  • - The reproduction of the invention in any of the participating countries constitutes an infringement of the Unitary patent. Infringement decided by a single decision of a specialized court, the Unified Patent Court (UPC) for all participating countries.
  • - Limitation and revocation of the Unitary patent is decided for all participating countries in a single decision of a specialized court, the Unified. Patent Court (UPC).
  • - One annuity (or renewal fee) is sufficient to maintain the Unitary patent in force.
  • - The unitary patent covers the territory of at least 13 Member States of the European Union.
  • - The Unitary patent is optional : a patentee may still prefer a European patent with national effects in each designated country and submitted to the national jurisdiction of each country.