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EU unitary patents – translation arrangements
EU unitary patents – translation arrangements
EU unitary patents – translation arrangements
EU unitary patents – translation arrangements
SUMMARY OF:
Regulation (EU) No 1260/2012 — translation arrangements for the unitary patent
WHAT IS THE AIM OF THE REGULATION?
It establishes the translation arrangements for the 26 EU countries that signed up to the European patent with unitary effect (known as the ‘unitary patent’).
KEY POINTS
A unitary patent which has been published in 1 of the 3 official languages of the European Patent Office (EPO) – English, French and German – and for which the claims have been translated into the other two, in accordance with Article 14(6) of the European Patent Convention, does not need to be translated into other official EU languages.
A patent holder, suspecting an infringement of their patent, must:
Courts, required to assess damages in a dispute, must consider whether the alleged infringer is:
They must also consider whether the alleged infringer acted unintentionally.
A compensation scheme:
Transitional measures state during 6 years as of the date of entry into application of that regulation:
FROM WHEN DOES THE REGULATION APPLY?
The regulation will apply four months after the deposit of the 13th instrument of ratification of the Unified Patent Court Agreement (provided this includes the 3 countries in which the highest number of European patents have effect — Germany, France and the United Kingdom (1)) to the Secretariat of the EU Council.
BACKGROUND
Decision 2011/167/EU authorised the 25 countries to use the EU procedure of enhanced cooperation to work together in creating unitary patent protection. Spain and Italy decided to stay out of the scheme.
A single application to the European Patent Office makes it possible to secure patent protection in up to 26 EU countries. This simplifies procedures and reduces costs for applicants wishing to protect their inventions.
For more information, see:
MAIN DOCUMENT
Council Regulation (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements (OJ L 361, 31.12.2012, pp. 89-92)
RELATED DOCUMENTS
Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection (OJ L 361, 31.12.2012, pp. 1-8)
Council Decision 2011/167/EU of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protection (OJ L 76, 22.3.2011, pp. 53-55)
last update 06.12.2017
(1) The United Kingdom withdraws from the European Union and becomes a third country (non-EU country) as of 1 February 2020.