Thanks Anne-Charlotte, this seems to be useful!
Am 28.06.23 um 14:11 schrieb Anne-Charlotte Moy:
/infos on unitary patent after our conference call/
Dear all,
At our last meeting, we wondered about the effect of the implementation of the unitary patent on the so-called "classic" European patents in our database.
Unitary effect is not automatic. The owner of a patent must expressly request it within one month of the official publication of the European patent at the EPO. This period can be extended by one month if necessary.
Otherwise, the patent will not enjoy unitary status.
A unitary patent can be obtained for any European patent application for which the date of communication of grant is after 1 January 2023.
The patents that we track in our database and that predate this date will therefore not be able to obtain unitary status.
On the other hand, all so-called "classic" European patents and patents with unitary effect come under the jurisdiction of the unitary court (unless the applicant decides not to do so and files an opt-out request, which would exclude his patent from the jurisdiction of this court). Since 1.03.2023, it has been possible to invoke this derogation and the proprietor has a period of 7 years in which to do so).
This possibility of evading the jurisdiction of the unitary court is not valid for patents with unitary effect (only "classic" European patents).
For searches on the unitary effect of patents, new "Unitary patent" tabs are available on espacenet and in the EPO register for newly published patents.
There are also new codes for checking whether or not a request for unitary effect has been made. All this is being organised.
If anyone wants to look into this, I can provide the codes I've found, so you don't have to read the explanatory forms to search the various sites.
As far as my searches on applications are concerned, they are not affected by these new codes (because the request for unitary effect is made once the patent has been published).
Andreas has to be careful with the b1 patents he obtains, especially in the month following publication.
For the month of June, I've noticed an increase in WO/EP applications, but I can't say whether this is directly linked to the unitary patent or whether it's due to the month of June, which forces applicants to file quickly before the summer...
If you have more question I can make further research.
best,
Anne Charlotte
Am 19/06/2023 um 09:20 schrieb Johanna Eckhardt:
Dear all,
I just sent you the minutes from our last conference call via Proton: www.proton.me http://www.proton.me
Kind regards,
Johanna
*Mag. Johanna ECKHARDT*
Project Coordination
Tel. +43 680 21 26 343
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