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ARTICLE · 09 APRIL 2014

Unitary Patent System

Schoenherr (Schönherr Rechtsanwälte)
Schoenherr (Schönherr Rechtsanwälte)
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Schoenherr (Schönherr Rechtsanwälte)

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Nowadays, the protection of a patent can be obtained by using the following routes.

European UnionIntellectual Property
Sorin Eduard Pavel
Sorin Eduard Pavel
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Nowadays, the protection of a patent can be obtained by using the following routes:

  1. national route, by filing a national patent application directly in the country concerned and according to the national law of the respective country;
  2. international route in one or more concerned countries, by filing a single international application under Patent Cooperation Treaty (PCT)1. Upon opening national phase(s), the international application will be "transformed" into a "bundle" of national applications governed by national laws of the countries (members to PCT), as designated in the international application;
  3. European patent route, whereby the patent protection can be obtained under the European Patent Convention (EPC) in about 40 countries (members to EPC) by filing a single patent application. The patent rights are granted by European Patent Office (EPO)2, but the protective effect of the patent requires its validation3 in each of the designated countries. A

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