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ARTICLE · 05 SEPTEMBER 2023

The Unitary Patent

J A Kemp
J A Kemp
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J A Kemp

J A Kemp

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A Unitary Patent may be obtained from any European Patent Office (EPO) application that has a filing date of 1 March 2007 or later. Following grant of a European Patent based on such an application...

United StatesIntellectual Property
J A Kemp LLP
J A Kemp LLP
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A Unitary Patent may be obtained from any European Patent Office (EPO) application that has a filing date of 1 March 2007 or later. Following grant of a European Patent based on such an application, it is possible to request that the patent have unitary effect for all countries available as part of the Unitary Patent system. Electing for a Unitary Patent (UP) gives rise to a single patent covering all relevant countries.

A Unitary Patent is subject to payment of a single annual renewal fee, payable to the EPO, and is subject to the exclusive jurisdiction of the UPC. An action for infringement of a UP can only be brought before the Unified Patent Court. Similarly, an action for revocation of a UP can only be brought before the UPC, throughout the life time of the UP.

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