Basic knowledge about the European Single Patent

The European Single Patent System 2023Year 6Month 1This is considered by the European Patent Office.「From 50The most significant development in the field of European patents since the signing of the European Patent Convention two years ago」. In this article, we will review all the information readers need to know about the European Single Patent, which is one of the two important components of the single patent system mentioned above.

• • What is the Single Patent System?

「System」The term usually refers to a group of things that are interrelated and work together as a whole to achieve a specific purpose. The same is true of the single patent system, which consists of a single patent and a unified patent court, which operate together to provide patentees with a unified patent protection and patent dispute adjudication mechanism at the European level.

• What is a single patent?

Simply put, the unitary patent is a European patent, at the request of the patentee, in all EU member states that have joined the agreement on the establishment of the unitary patent protection and ratified the unified patent court.effective. This kind「Single effect」Essentially means that the rights attached to the patent and any exceptions or limitations thereof are the same in all the above-mentioned participating countries.

• How to get a single patent?

What patent applicants need to keep in mind is:Not all European patents can become a single patent. In fact, only「For all participants in the establishment of a single patent protection in the field of strengthening cooperation (...) EU member states are granted the same set of claims」The European patent can obtain a single effect. Therefore, all the above-mentioned member states must be specified in the patent application, and the total 25including Member States that have not ratified the Uniform Patent Court Agreement, where patents cannot acquire sole validity.

Another thing to note is that any European patent that meets the above requirements does not automatically confer sole validity, it is only eligible to be registered as a single patent. The conversion must be requested by the patentee within one month after the publication of the mention of the patent grant in the European Patent Gazette. The「Single effectiveness request」It must be made in writing in the language of the patent application procedure and must contain a translation of the patent specification. It can be submitted online, by fax, by mail or in person.

The certificate of registration will be delivered to the patentee after the single effect request has been processed and the European patent has been given single effect.

• Request for single effectThe costWhat?

Request a single effect completely free. Additional costs and expenses arising from the conduct of a single patent protection management business are expected to be paid annually.Maintainfees, as well as all fees paid by the applicant prior to the grant of the European patent and at the patent application stage.

• What are the benefits?

Generally speaking, a single patent is a cost-effective option for those who wish to benefit from patent protection in multiple European countries (but only within the borders of the participating countries) through a single patent application.

Ultimately, however, it is difficult to discuss the benefits of a single patent in absolute terms. In fact, the decision to apply for a European patent that meets the aforementioned eligibility requirements and makes a single request for effectiveness is a highly strategic decision. In order to make this decision, other alternative patent application routes and the applicant's specific situation need to be considered. In particular, applicants should measure the impact of owning a patent under the exclusive jurisdiction of the Unified Patent Court. This will be the subject of the next article in our series focusing on the unitary patent system.