1. European Unitary Patent:
The Basics
Joseph Lenthall, Mewburn Ellis LLP
May 2013
joseph.lenthall@mewburn.com

2. Background
• European patent applications can be applied for and
examined centrally by the European Patent Office
(EPO)
• European patent applications cover “EPC member
states” (see next slide)
• On grant, EP applications need to converted into a
bundle of national applications in Europe
• The conversion can be costly because the patent
may have to be translated for some countries

3. EPC member
states
All of EU
+
Iceland, Norway,
Switzerland, Turkey,
Croatia, Albania,
Serbia, Macedonia

4. EUP: what?
• There is new legislation to create a European
Unitary Patent (EUP)
• The EUP is a European patent with effect as a
single patent for all the members of the European
Union (EU) …

5. EU member
states

6. EUP: what?
• There is new legislation to create an European
Unitary Patent (EUP)
• The EUP is a European patent with effect as a
single patent for all the members of the European
Union (EU) …
• … except for Italy and Spain
• Intention: like a US patent covers all US states

7. EUP
regulation
EU minus Spain
and Italy

8. EUP: when?
• The legislation has now been agreed
• It will come into effect only when the related
agreement on the Unified Patents Court (UPC)
comes into effect (see UPC slides)
• Earliest possible: 1 January 2014
• More likely: during 2015, and perhaps later

9. EUP: why?
• The EU operates as a single market
• Patent protection in only some member states of the
EU can distort the market
• Aims:
• increase legal certainty across EU for business
• reduce cost for applicants
• But can only come into effect when there is a central
court to enforce the patent

10. EUP: how?
• European patent applications will be examined and
granted by the EPO, as now
• At grant, the patent owner (applicant) must decide
which countries are wanted, as now
• Applicant can choose protection from:
• EUP;
• “traditional” bundle of national patents originating from the
EPO;
• national patents; or
• a combination of the above (BUT no double patenting).

11. Translation at grant
• At the time of allowance, translation of claims into
French and German, as now
• After grant, the EUP will be machine translated into
all of the languages of the EU
• The EPO has been working with Google to improve
quality of machine translations of patents
• Thought to reduce average costs at grant from
32,000 Euros to 5,000 Euros

12. Renewal fees
• A single renewal fee, payable to the EPO after grant
• Level of renewal fee not yet decided
• Rumours suggest that the EUP renewal fee may be
equivalent to 5-8 national renewal fees
• The level of the renewal fee may mean that the EUP
is not attractive to some patent owners
• Such as those who currently want patent protection
in only a small number of countries, e.g. DE, FR, GB

13. For more advice,
please contact:
Joseph Lenthall
joseph.lenthall@mewburn.com
Based in Bristol and London, UK
Mewburn Ellis LLP
Tel: +44 (0) 117 945 1234
Fax: +44 (0) 20 7776 5399