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Renewal fees are payable to the EPO in respect of pending European patent applications in respect of the third year from the date of filing. [1] These fees are paid in advance of the year in which they are due (such that the renewal fee for the third year falls due two years from the date of filing) and fall due on the last day of the month containing the anniversary of the date of filing. [2]
The Unified Patent Court (UPC) is a common supranational [2] patent court of 18 member states of the European Union, [3] which opened on 1 June 2023. It hears cases regarding infringement and revocation proceedings of European patents (regular European patents unless they were opted out and unitary patents). A single court ruling is directly ...
The notice of opposition to a European patent must be filed in writing at the EPO (either at Munich, The Hague or Berlin), along with the payment of an opposition fee, within nine months from the publication of the mention of the grant of the patent in the European Patent Bulletin. [5]
By the end of 2012 a new compromise was reached between the European Parliament and the European Council, including a limited role for the European Court of Justice. The Unified Court will apply the Unified Patent Court Agreement, which is considered national patent law from an EU law point of view, but still is equal for each participant. [40]
It created the European Union trade mark (formerly known as the Community trade mark) as a legal instrument in European Union law and established the EUIPO (then known as Office for Harmonisation in the Internal Market, or OHIM) as an EU agency with legal, administrative and financial autonomy. Council Regulation (EC) No 6/2002 of 12 December ...
The grant procedure before the European Patent Office (EPO) is an ex parte, administrative procedure, which includes the filing of a European patent application, [1] the examination of formalities, [2] the establishment of a search report, [3] the publication of the application, [4] its substantive examination, [5] and the grant of a patent, [6 ...
An opt-out most notably prevents a competitor from challenging the validity of the European patent centrally before the UPC (by filing an action for revocation before the UPC), thus allowing the proprietor to avoid putting all his eggs (i.e., all national parts of the European patent) in one basket. [2]
The obligation to pay renewal fees terminates with the payment of the renewal fee due in respect of the year in which the mention of the grant of the European patent is published. [13] Subsequently, renewal fees are payable to the national offices of the EPC Contracting States in which the European patent is brought into effect.