This application, designed by CASALONGA, makes it possible to know in advance the official fees necessary for the maintenance in force of a granted patent, depending on whether the unitary patent has been chosen or not.
All you have to do is indicate the year in which the patent application was filed and the year in which the patent was granted, then specify which countries should be covered by the patent.
The UNITARY PATENT application will then generate a graph allowing you to view the cost of the annuities with the unitary patent in blue and without the unitary patent in orange. And so compare the costs of maintaining your patent based on this choice.
A moving slider allows you to compare the cost year by year, as well as knowing the total cumulative sum since issuance.
By modifying the renewal end year individually country by country and for the unitary patent, you can also obtain the same comparisons according to your abandonment forecasts for each territory.
It should be noted that the costs indicated do not include the fees and expenses of the organizations that the patentee may use to manage the renewals of his patent portfolio. In addition, the costs indicated are for payments made before the due date of the annuities. They do not include surcharges which must be paid in the event of payment during the 6 months after the due date.
General information on the Unitary Patent:
The unitary patent (or European patent with unitary effect) automatically covers the territory of all member countries which, on the date of grant of the patent, are part of the unitary patent and have ratified the Agreement on the Unified Patent Court (UPC) . This Unified Jurisdiction has indeed exclusive competence to judge the infringement and the validity of the unitary patent.
In the month following the grant of the European patent, it is possible to choose the unitary patent for the countries which are part of it while keeping the European patent for the other countries. Alternatively, it is possible to keep the European patent with national effects in all the designated countries.
The choice of the unitary patent requires the filing of a single translation, in English if the patent was issued in French. The renewal of the unitary patent requires the payment of a single annuity payable each year to the European Patent Office (EPO)
The choice of the European patent with national effects requires validation of the patent for each designated country within three months of issue. Some countries require a full translation of the patent into the national language. Other countries are satisfied with a translation of the claims into the national language.
Finally, for some countries, no translation is required (this is the case for example for Great Britain and Germany)
The cost is not the only parameter to be taken into consideration for the choice of the unitary patent.
In the event of infringement of a unitary patent, or in the event of an action for revocation brought by a third party, the decision rests solely with the Unified Patent Court (UPC) and extends its effects to the entire territory covered by the unitary patent.
In the case of a European patent with national effects, the Unified Patent Court (UPC) is also competent. However, during a transitional period, expiring in principle in 2024, it remains possible for the owner of the European patent to escape the jurisdiction of the JUB by making a special request for derogation (opt-out). In this case, the national courts remain competent and their decision has only effects limited to the national territory.
CASALONGA remains at your disposal for any additional information and can assist you in the implementation of your patent policy in Europe and worldwide as well as to represent you before the JUB and national courts in the event of infringement.
Do not hesitate to contact us !
All you have to do is indicate the year in which the patent application was filed and the year in which the patent was granted, then specify which countries should be covered by the patent.
The UNITARY PATENT application will then generate a graph allowing you to view the cost of the annuities with the unitary patent in blue and without the unitary patent in orange. And so compare the costs of maintaining your patent based on this choice.
A moving slider allows you to compare the cost year by year, as well as knowing the total cumulative sum since issuance.
By modifying the renewal end year individually country by country and for the unitary patent, you can also obtain the same comparisons according to your abandonment forecasts for each territory.
It should be noted that the costs indicated do not include the fees and expenses of the organizations that the patentee may use to manage the renewals of his patent portfolio. In addition, the costs indicated are for payments made before the due date of the annuities. They do not include surcharges which must be paid in the event of payment during the 6 months after the due date.
General information on the Unitary Patent:
The unitary patent (or European patent with unitary effect) automatically covers the territory of all member countries which, on the date of grant of the patent, are part of the unitary patent and have ratified the Agreement on the Unified Patent Court (UPC) . This Unified Jurisdiction has indeed exclusive competence to judge the infringement and the validity of the unitary patent.
In the month following the grant of the European patent, it is possible to choose the unitary patent for the countries which are part of it while keeping the European patent for the other countries. Alternatively, it is possible to keep the European patent with national effects in all the designated countries.
The choice of the unitary patent requires the filing of a single translation, in English if the patent was issued in French. The renewal of the unitary patent requires the payment of a single annuity payable each year to the European Patent Office (EPO)
The choice of the European patent with national effects requires validation of the patent for each designated country within three months of issue. Some countries require a full translation of the patent into the national language. Other countries are satisfied with a translation of the claims into the national language.
Finally, for some countries, no translation is required (this is the case for example for Great Britain and Germany)
The cost is not the only parameter to be taken into consideration for the choice of the unitary patent.
In the event of infringement of a unitary patent, or in the event of an action for revocation brought by a third party, the decision rests solely with the Unified Patent Court (UPC) and extends its effects to the entire territory covered by the unitary patent.
In the case of a European patent with national effects, the Unified Patent Court (UPC) is also competent. However, during a transitional period, expiring in principle in 2024, it remains possible for the owner of the European patent to escape the jurisdiction of the JUB by making a special request for derogation (opt-out). In this case, the national courts remain competent and their decision has only effects limited to the national territory.
CASALONGA remains at your disposal for any additional information and can assist you in the implementation of your patent policy in Europe and worldwide as well as to represent you before the JUB and national courts in the event of infringement.
Do not hesitate to contact us !
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