Unitary Agreement Definition

In 2012, EU countries and the European Parliament agreed on the “patent package” – a legislative initiative consisting of two regulations and an international agreement that lays the groundwork for the creation of unitary patent protection in the EU. Article 7 of the Regulation (EC) No. 1257/2012 provides that a Single Effect European patent is treated as a whole and in all participating Member States as a national patent of the participating Member State in which the patent has a unitary effect and in which the applicant had his domicile or main activity or had a head office at the time of filing the European patent application. [72] If the applicant does not have a domicile in a participating Member State, German law applies. [72] Ullrich criticises the fact that the system, which is similar to Community designs, “is contrary to both the creation of unitary patent protection and EU primary law”. [72] The proposed unitary patent will be a particular type of European patent issued under the European Patent Convention. A European patent, once granted, becomes a “set of enforceable national patents” in the states designated by the applicant, and the unitary effect would effectively create a single enforceable region in a subgroup of these 38 states that can coexist with national patents (classic patents) in other states. [Notes 4] Non-unitary “classic” European patents, intended exclusively for individual countries, which require translation in certain contracting states, in accordance with Article 65 CBE. [Notes 5] In November 2015, EU countries reached an important agreement on the financial distribution of unitary patent revenues. The agreement sets the distribution key for a first period of operation: 50% of the taxes are withheld by the EPO (European Patent Office), while the rest (minus an administrative tax) is distributed among the participating countries according to a formula taking into account THE GDP and the number of applications filed by that country. The distribution arrangements are subject to regular revision. The allocation key is reviewed every five years.

Institution: the EU unitary patent system is based on three acts: unlike the unitary nature of a European patent application, a European patent issued is in fact not unitary in nature, with the exception of the centralised opposition procedure (which can be initiated within nine months of the issuance of someone other than the holder) and centralised procedures for limitation and revocation (which can only be initiated by the patent holder). [56] In other words, a European patent in a contracting state, i.e.:

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