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31.12.2012 Official
Journal
of
the
European
Union
L
361/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 1257/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 December 2012
implementing enhanced cooperation in the area of the creation of unitary patent protection
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(2)
Pursuant to the first paragraph of Article 118 of the
EUROPEAN UNION,
Treaty on the Functioning of the European Union
(TFEU), measures to be taken in the context of the estab
lishment and functioning of the internal market include
the creation of uniform patent protection throughout the
Having regard to the Treaty on the Functioning of the European
Union and the establishment of centralised Union-wide
Union and in particular the first paragraph of Article 118
authorisation, coordination and supervision arrange
thereof,
ments.
Having regard to Council Decision 2011/167/EU of 10 March
(3) On
10
March
2011,
the
Council
adopted
Decision
2011 authorising enhanced cooperation in the area of the
2011/167/EU authorising enhanced cooperation
creation of unitary patent protection ( 1 ),
between Belgium, Bulgaria, the Czech Republic,
Denmark, Germany, Estonia, Ireland, Greece, France,
Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta,
the Netherlands, Austria, Poland, Portugal, Romania,
Having regard to the proposal from the European Commission,
Slovenia, Slovakia, Finland, Sweden and the United
Kingdom (hereinafter ‘participating Member States’) in
the area of the creation of unitary patent protection.
After transmission of the draft legislative act to the national
parliaments,
(4) Unitary
patent
protection
will
foster
scientific
and
tech
nological advances and the functioning of the internal
market by making access to the patent system easier,
Acting in accordance with the ordinary legislative procedure ( 2 ),
less costly and legally secure. It will also improve the
level of patent protection by making it possible to
obtain uniform patent protection in the participating
Member States and eliminate costs and complexity for
Whereas:
undertakings throughout the Union. It should be
available to proprietors of a European patent from
both the participating Member States and from other
States, regardless of their nationality, residence or place
(1) The
creation
of
the
legal
conditions
enabling
under
of establishment.
takings to adapt their activities in manufacturing and
distributing products across national borders and
providing them with greater choice and more oppor
tunities contributes to the attainment of the objectives
(5) The
Convention
on
the
Grant
of
European
Patents
of
of the Union set out in Article 3(3) of the Treaty on
5 October 1973, as revised on 17 December 1991
European Union. Uniform patent protection within the
and on 29 November 2000 (hereinafter ‘EPC’), estab
internal market, or at least a significant part thereof,
lished the European Patent Organisation and entrusted
should feature amongst the legal instruments which
it with the task of granting European patents. This task
undertakings have at their disposal.
is carried out by the European Patent Office (hereinafter
‘EPO’). A European patent granted by the EPO should, at
the request of the patent proprietor, benefit from unitary
( 1 ) OJ L 76, 22.3.2011, p. 53.
effect by virtue of this Regulation in the participating
( 2 ) Position of the European Parliament of 11 December 2012 (not yet
published in the Official Journal) and decision of the Council of
Member States. Such a patent is hereinafter referred to
17 December 2012.
as a ‘European patent with unitary effect’.

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L 361/2
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Official Journal of the European Union
31.12.2012
(6)
In accordance with Part IX of the EPC a group of
patent protection with regard to the applicable trans
Contracting States to the EPC may provide that
lation arrangements ( 1 ), the provisions of the EPC, the
European patents granted for those States have a
Agreement on a Unified Patent Court, including its
unitary character. This Regulation constitutes a special
provisions defining the scope of that right and its limi
agreement within the meaning of Article 142 of the
tations, and national law, including rules of private inter
EPC, a regional patent treaty within the meaning of
national law, should apply.
Article 45(1) of the Patent Cooperation Treaty of
19 June 1970 as last modified on 3 February 2001
and a special agreement within the meaning of Article 19
(10) Compulsory
licences
for
European
patents
with
unitary
of the Convention for the Protection of Industrial
effect should be governed by the laws of the participating
Property, signed in Paris on 20 March 1883 and last
Member States as regards their respective territories.
amended on 28 September 1979.
(11) In
its
report
on
the
operation
of
this
Regulation,
the
Commission should evaluate the functioning of the
applicable limitations and, where necessary, make appro
(7) Unitary
patent
protection
should
be
achieved
by
priate proposals, taking account of the contribution of
attributing unitary effect to European patents in the
the patent system to innovation and technological
post-grant phase by virtue of this Regulation and in
progress, the legitimate interests of third parties and
respect of all the participating Member States. The
overriding interests of society. The Agreement on a
main feature of a European patent with unitary effect
Unified Patent Court does not preclude the European
should be its unitary character, i.e. providing uniform
Union from exercising its powers in this field.
protection and having equal effect in all the participating
Member States. Consequently, a European patent with
unitary effect should only be limited, transferred or
(12) In accordance with the case-law of the Court of Justice of
revoked, or lapse, in respect of all the participating
the European Union, the principle of the exhaustion of
Member States. It should be possible for a European
rights should also be applied to European patents with
patent with unitary effect to be licensed in respect of
unitary effect. Therefore, rights conferred by a European
the whole or part of the territories of the participating
patent with unitary effect should not extend to acts
Member States. To ensure the uniform substantive scope
concerning the product covered by that patent which
of protection conferred by unitary patent protection,
are carried out within the participating Member States
only European patents that have been granted for all
after that product has been placed on the market in
the participating Member States with the same set of
the Union by the patent proprietor.
claims should benefit from unitary effect. Finally, the
unitary effect attributed to a European patent should
have an accessory nature and should be deemed not to
have arisen to the extent that the basic European patent
(13) The
regime
applicable
to
damages
should
be
governed
by
has been revoked or limited.
the laws of the participating Member States, in particular
the provisions implementing Article 13 of Directive
2004/48/EC of the European Parliament and of the
Council of 29 April 2004 on the enforcement of intel
lectual property rights ( 2 ).
(8) In
accordance
with
the
general
principles
of
patent
law
and Article 64(1) of the EPC, unitary patent protection
(14) As
an
object
of
property,
a
European
patent
with
unitary
should take effect retroactively in the participating
effect should be dealt with in its entirety, and in all the
Member States as from the date of publication of the
participating Member States, as a national patent of the
mention of the grant of the European patent in the
participating Member State determined in accordance
European Patent Bulletin. Where unitary patent
with specific criteria such as the applicant’s residence,
protection takes effect, the participating Member States
principal place of business or place of business.
should ensure that the European patent is deemed not to
have taken effect on their territory as a national patent,
so as to avoid any duplication of patent protection.
(15) In
order
to
promote
and
facilitate
the
economic
exploi
tation of an invention protected by a European patent
with unitary effect, the proprietor of that patent should
be able to offer it to be licensed in return for appropriate
consideration. To that end, the patent proprietor should
(9) The
European
patent
with
unitary
effect
should
confer
on
be able to file a statement with the EPO that he is
its proprietor the right to prevent any third party from
prepared to grant a license in return for appropriate
committing acts against which the patent provides
consideration. In that case, the patent proprietor should
protection. This should be ensured through the estab
benefit from a reduction of the renewal fees as from the
lishment of a Unified Patent Court. In matters not
EPO’s receipt of such statement.
covered by this Regulation or by Council Regulation
(EU) No 1260/2012 of 17 December 2012 imple
( 1 ) See page 89 of this Official Journal.
menting enhanced cooperation in the area of unitary
( 2 ) OJ L 157, 30.4.2004, p. 45.

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31.12.2012 Official
Journal
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European
Union
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(16) The group of Member States making use of the
the tasks entrusted to the EPO are fully covered by the
provisions of Part IX of the EPC may give tasks to the
resources generated by the European patents with unitary
EPO and set up a select committee of the Administrative
effect and that, together with the fees to be paid to the
Council of the European Patent Organisation (hereinafter
European Patent Organisation during the pre-grant stage,
‘Select Committee’).
the revenues from the renewal fees ensure a balanced
budget of the European Patent Organisation.
(17) The
participating Member States should give certain
administrative tasks relating to European patents with
(21) Renewal
fees
should
be
paid
to
the
European
Patent
unitary effect to the EPO, in particular as regards the
Organisation. The EPO should retain an amount to
administration of requests for unitary effect, the regis
cover the expenses generated at the EPO in carrying
tration of unitary effect and of any limitation, licence,
out tasks in relation to the unitary patent protection in
transfer, revocation or lapse of European patents with
accordance with Article 146 of the EPC. The remaining
unitary effect, the collection and distribution of renewal
amount should be distributed among the participating
fees, the publication of translations for information
Member States and should be used for patent-related
purposes during a transitional period and the adminis
purposes. The share of distribution should be set on
tration of a compensation scheme for the reimbursement
the basis of fair, equitable and relevant criteria, namely
of translation costs incurred by applicants filing
the level of patent activity and the size of the market,
European patent applications in a language other than
and should guarantee a minimum amount to be
one of the official languages of the EPO.
distributed to each participating Member State in order
to maintain a balanced and sustainable functioning of the
system. The distribution should provide compensation
for having an official language other than one of the
(18) In the framework of the Select Committee, the partici
official languages of the EPO, having a disproportionately
pating Member States should ensure the governance and
low level of patenting activity established on the basis of
supervision of the activities related to the tasks entrusted
the European Innovation Scoreboard, and/or having
to the EPO by the participating Member States, ensure
acquired membership of the European Patent Organi
that requests for unitary effect are filed with the EPO
sation relatively recently.
within one month of the date of publication of the

mention of the grant in the European Patent Bulletin
and ensure that such requests are submitted in the
language of the proceedings before the EPO together
(22) An
enhanced
partnership
between
the
EPO
and
central
with the translation prescribed, during a transitional
industrial property offices of the Member States should
period, by Regulation (EU) No 1260/2012. The partici
enable the EPO to make regular use, where appropriate,
pating Member States should also ensure the setting, in
of the result of any search carried out by central
accordance with the voting rules laid down in
industrial property offices on a national patent appli
Article 35(2) of the EPC, of the level of the renewal
cation the priority of which is claimed in a subsequent
fees and the share of the distribution of the renewal
European patent application. All central industrial
fees in accordance with the criteria set out in this Regu
property offices, including those which do not perform
lation.
searches in the course of a national patent-granting
procedure, can play an essential role under the
enhanced partnership, inter alia, by giving advice and
support to potential patent applicants, in particular
(19) Patent
proprietors
should
pay
a
single
annual
renewal
fee
for a European patent with unitary effect. Renewal fees
small and medium-sized enterprises, by receiving appli
should be progressive throughout the term of the patent
cations, by forwarding applications to the EPO and by
protection and, together with the fees to be paid to the
disseminating patent information.
European Patent Organisation during the pre-grant stage,
should cover all costs associated with the grant of the
European patent and the administration of the unitary
(23) This
Regulation
is
complemented
by
Regulation
(EU)
patent protection. The level of the renewal fees should
No 1260/2012, adopted by the Council in accordance
be set with the aim of facilitating innovation and
with the second paragraph of Article 118 of the TFEU.
fostering the competitiveness of European businesses,
taking into account the situation of specific entities
such as small and medium-sized enterprises, for
example in the form of lower fees. It should also
(24) Jurisdiction
in
respect
of
European
patents
with
unitary
reflect the size of the market covered by the patent
effect should be established and governed by an
and be similar to the level of the national renewal fees
instrument setting up a unified patent litigation system
for an average European patent taking effect in the
for European patents and European patents with unitary
participating Member States at the time when the level
effect.
of the renewal fees is first set.
(25) Establishing a Unified Patent Court to hear cases
(20) The
appropriate
level
and
distribution
of
renewal
fees
concerning the European patent with unitary effect is
should be determined in order to ensure that, in
essential in order to ensure the proper functioning of
relation to the unitary patent protection, all costs of
that patent, consistency of case-law and hence legal

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L 361/4
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Official Journal of the European Union
31.12.2012
certainty, and cost-effectiveness for patent proprietors. It
(a) ‘Participating Member State’ means a Member State which
is therefore of paramount importance that the partici
participates in enhanced cooperation in the area of the
pating Member States ratify the Agreement on a
creation of unitary patent protection by virtue of Decision
Unified Patent Court in accordance with their national
2011/167/EU, or by virtue of a decision adopted in
constitutional and parliamentary procedures and take the
accordance with the second or third subparagraph of
necessary steps for that Court to become operational as
Article 331(1) of the TFEU, at the time the request for
soon as possible.
unitary effect as referred to in Article 9 is made;
(26) This
Regulation
should
be
without
prejudice
to
the
right
(b) ‘European patent’ means a patent granted by the European
of the participating Member States to grant national
Patent Office (hereinafter ‘EPO’) under the rules and
patents and should not replace the participating
procedures laid down in the EPC;
Member States’ laws on patents. Patent applicants
should remain free to obtain either a national patent, a
European patent with unitary effect, a European patent
taking effect in one or more of the Contracting States to
(c) ‘European patent with unitary effect’ means a European
the EPC or a European patent with unitary effect
patent which benefits from unitary effect in the participating
validated in addition in one or more other Contracting
Member States by virtue of this Regulation;
States to the EPC which are not among the participating
Member States.
(d) ‘European Patent Register’ means the register kept by the
EPO under Article 127 of the EPC;
(27) Since the objective of this Regulation, namely the
creation of unitary patent protection, cannot be suffi
ciently achieved by the Member States and can therefore,
(e) ‘Register for unitary patent protection’ means the register
by reason of the scale and effects of this Regulation, be
constituting part of the European Patent Register in which
better achieved at Union level, the Union may adopt
the unitary effect and any limitation, licence, transfer, revo
measures, where appropriate by means of enhanced
cation or lapse of a European patent with unitary effect are
cooperation, in accordance with the principle of
registered;
subsidiarity as set out in Article 5 of the Treaty on
European Union. In accordance with the principle of
proportionality, as set out in that Article, this Regulation
does not go beyond what is necessary in order to achieve
(f) ‘European Patent Bulletin’ means the periodical publication
that objective,
provided for in Article 129 of the EPC.
HAVE ADOPTED THIS REGULATION:
Article 3
European patent with unitary effect
1. A
European
patent
granted
with
the
same
set
of
claims
in
CHAPTER I
respect of all the participating Member States shall benefit from
GENERAL PROVISIONS
unitary effect in the participating Member States provided that
its unitary effect has been registered in the Register for unitary
Article 1
patent protection.
Subject matter
1. This
Regulation
implements
enhanced
cooperation
in
the
area of the creation of unitary patent protection, authorised by
A European patent granted with different sets of claims for
Decision 2011/167/EU.
different participating Member States shall not benefit from
unitary effect.
2. This
Regulation
constitutes
a
special
agreement
within
the
meaning of Article 142 of the Convention on the Grant of
2. A
European
patent
with
unitary
effect
shall
have
a
unitary
European Patents of 5 October 1973, as revised on
character. It shall provide uniform protection and shall have
17 December 1991 and on 29 November 2000 (hereinafter
equal effect in all the participating Member States.
‘EPC’).
It may only be limited, transferred or revoked, or lapse, in
Article 2
respect of all the participating Member States.
Definitions
For the purposes of this Regulation, the following definitions
It may be licensed in respect of the whole or part of the terri
shall apply:
tories of the participating Member States.

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3. The
unitary
effect
of
a
European
patent
shall
be
deemed has been placed on the market in the Union by, or with the
not to have arisen to the extent that the European patent has
consent of, the patent proprietor, unless there are legitimate
been revoked or limited.
grounds for the patent proprietor to oppose further commer
cialisation of the product.
Article 4
CHAPTER III
Date of effect
A EUROPEAN PATENT WITH UNITARY EFFECT AS AN OBJECT
1. A European patent with unitary effect shall take effect in
OF PROPERTY
the participating Member States on the date of publication by
the EPO of the mention of the grant of the European patent in
Article 7
the European Patent Bulletin.
Treating a European patent with unitary effect as a national
patent
2. The
participating
Member
States
shall
take
the
necessary 1. A European patent with unitary effect as an object of
measures to ensure that, where the unitary effect of a European
property shall be treated in its entirety and in all the partici
patent has been registered and extends to their territory, that
pating Member States as a national patent of the participating
European patent is deemed not to have taken effect as a
Member State in which that patent has unitary effect and in
national patent in their territory on the date of publication of
which, according to the European Patent Register:
the mention of the grant in the European Patent Bulletin.
(a) the applicant had his residence or principal place of business
CHAPTER II
on the date of filing of the application for the European
patent; or
EFFECTS OF A EUROPEAN PATENT WITH UNITARY EFFECT
Article 5
Uniform protection
(b) where point (a) does not apply, the applicant had a place of
business on the date of filing of the application for the
1. The
European
patent
with
unitary
effect
shall
confer
on
its
European patent.
proprietor the right to prevent any third party from committing
acts against which that patent provides protection throughout
the territories of the participating Member States in which it has
unitary effect, subject to applicable limitations.
2. Where
two
or
more
persons
are
entered
in
the
European
Patent Register as joint applicants, point (a) of paragraph 1 shall
apply to the joint applicant indicated first. Where this is not
possible, point (a) of paragraph 1 shall apply to the next joint
2. The
scope
of
that
right
and
its
limitations
shall
be
uniform applicant indicated in the order of entry. Where point (a) of
in all participating Member States in which the patent has
paragraph 1 does not apply to any of the joint applicants, point
unitary effect.
(b) of paragraph 1 shall apply accordingly.
3. The
acts
against
which
the
patent
provides
protection 3. Where no applicant had his residence, principal place of
referred to in paragraph 1 and the applicable limitations shall
business or place of business in a participating Member State in
be those defined by the law applied to European patents with
which that patent has unitary effect for the purposes of para
unitary effect in the participating Member State whose national
graphs 1 or 2, the European patent with unitary effect as an
law is applicable to the European patent with unitary effect as
object of property shall be treated in its entirety and in all the
an object of property in accordance with Article 7.
participating Member States as a national patent of the State
where the European Patent Organisation has its headquarters in
accordance with Article 6(1) of the EPC.
4. In
its
report
referred
to
in
Article
16(1),
the
Commission
shall evaluate the functioning of the applicable limitations and
shall, where necessary, make appropriate proposals.
4. The
acquisition
of
a
right
may
not
be
dependent
on
any
entry in a national patent register.
Article 6
Article 8
Exhaustion of the rights conferred by a European patent
with unitary effect
Licences of right
The rights conferred by a European patent with unitary effect
1. The
proprietor
of
a
European
patent
with
unitary
effect
shall not extend to acts concerning a product covered by that
may file a statement with the EPO to the effect that the
patent which are carried out within the participating Member
proprietor is prepared to allow any person to use the
States in which that patent has unitary effect after that product
invention as a licensee in return for appropriate consideration.

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Official Journal of the European Union
31.12.2012
2. A
licence
obtained
under
this
Regulation
shall
be
treated
to in that Article, and that the EPO is informed of any
as a contractual licence.
limitations, licences, transfers or revocations of European
patents with unitary effect.
CHAPTER IV
2. The participating Member States shall ensure compliance
INSTITUTIONAL PROVISIONS
with this Regulation in fulfilling their international obligations
Article 9
undertaken in the EPC and shall cooperate to that end. In their
capacity as Contracting States to the EPC, the participating
Administrative tasks in the framework of the European
Member States shall ensure the governance and supervision of
Patent Organisation
the activities related to the tasks referred to in paragraph 1 of
1. The
participating
Member
States
shall,
within
the
meaning this Article and shall ensure the setting of the level of renewal
of Article 143 of the EPC, give the EPO the following tasks, to
fees in accordance with Article 12 of this Regulation and the
be carried out in accordance with the internal rules of the EPO:
setting of the share of distribution of the renewal fees in
accordance with Article 13 of this Regulation.
(a) to administer requests for unitary effect by proprietors of
European patents;
To that end they shall set up a select committee of the Adminis
trative Council of the European Patent Organisation (hereinafter
‘Select Committee’) within the meaning of Article 145 of the
EPC.
(b) to include the Register for unitary patent protection within
the European Patent Register and to administer the Register
for unitary patent protection;
The Select Committee shall consist of the representatives of the
participating Member States and a representative of the
(c) to receive and register statements on licensing referred to in
Commission as an observer, as well as alternates who will
Article 8, their withdrawal and licensing commitments
represent them in their absence. The members of the Select
undertaken by the proprietor of the European patent with
Committee may be assisted by advisers or experts.
unitary effect in international standardisation bodies;
Decisions of the Select Committee shall be taken with due
(d) to publish the translations referred to in Article 6 of Regu
regard for the position of the Commission and in accordance
lation (EU) No 1260/2012 during the transitional period
with the rules laid down in Article 35(2) of the EPC.
referred to in that Article;
3.
The participating Member States shall ensure effective legal
(e) to collect and administer renewal fees for European patents
protection before a competent court of one or several partici
with unitary effect, in respect of the years following the year
pating Member States against the decisions of the EPO in
in which the mention of the grant is published in the
carrying out the tasks referred to in paragraph 1.
European Patent Bulletin; to collect and administer
additional fees for late payment of renewal fees where
such late payment is made within six months of the due
CHAPTER V
date, as well as to distribute part of the collected renewal
fees to the participating Member States;
FINANCIAL PROVISIONS
Article 10
(f) to administer the compensation scheme for the
Principle on expenses
reimbursement of translation costs referred to in Article 5
The expenses incurred by the EPO in carrying out the additional
of Regulation (EU) No 1260/2012;
tasks given to it, within the meaning of Article 143 of the EPC,
by the participating Member States shall be covered by the fees
generated by the European patents with unitary effect.
(g) to ensure that a request for unitary effect by a proprietor of
a European patent is submitted in the language of the
proceedings as defined in Article 14(3) of the EPC no
Article 11
later than one month after the mention of the grant is
published in the European Patent Bulletin; and
Renewal fees
1. Renewal
fees
for
European
patents
with
unitary
effect
and
additional fees for their late payment shall be paid to the
(h) to ensure that the unitary effect is indicated in the Register
European Patent Organisation by the patent proprietor. Those
for unitary patent protection, where a request for unitary
fees shall be due in respect of the years following the year in
effect has been filed and, during the transitional period
which the mention of the grant of the European patent which
provided for in Article 6 of Regulation (EU) No 1260/2012,
benefits from unitary effect is published in the European Patent
has been submitted together with the translations referred
Bulletin.

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2. A
European
patent
with
unitary
effect
shall
lapse
if
a
Article 13
renewal fee and, where applicable, any additional fee have not
been paid in due time.
Distribution
1. The
EPO
shall
retain
50
per
cent
of
the
renewal
fees
referred to in Article 11 paid for European patents with
3. Renewal fees which fall due after receipt of the statement
unitary effect. The remaining amount shall be distributed to
referred to in Article 8(1) shall be reduced.
the participating Member States in accordance with the share
of distribution of the renewal fees set pursuant to Article 9(2).
Article 12
Level of renewal fees
2. In order to attain the objectives set out in this Chapter,
the share of distribution of renewal fees among the participating
1. Renewal
fees
for
European
patents
with
unitary
effect
shall Member States shall be based on the following fair, equitable
be:
and relevant criteria:
(a) progressive throughout the term of the unitary patent
(a) the number of patent applications;
protection;
(b) sufficient to cover all costs associated with the grant of the
(b) the size of the market, while ensuring a minimum amount
European patent and the administration of the unitary
to be distributed to each participating Member State;
patent protection; and
(c) compensation to the participating Member States which
(c) sufficient, together with the fees to be paid to the European
have:
Patent Organisation during the pre-grant stage, to ensure a
balanced budget of the European Patent Organisation.
(i) an official language other than one of the official
languages of the EPO;
2. The
level
of
the
renewal
fees
shall
be
set,
taking
into
account, among others, the situation of specific entities such
as small and medium-sized enterprises, with the aim of:
(ii) a disproportionately low level of patenting activity;
and/or
(a) facilitating innovation and fostering the competitiveness of
European businesses;
(iii) acquired membership of the European Patent Organi
sation relatively recently.
(b) reflecting the size of the market covered by the patent; and
CHAPTER VI
(c) being similar to the level of the national renewal fees for an
average European patent taking effect in the participating
FINAL PROVISIONS
Member States at the time the level of the renewal fees is
first set.
Article 14
Cooperation between the Commission and the EPO
The Commission shall establish a close cooperation through a
3. In order to attain the objectives set out in this Chapter,
working agreement with the EPO in the fields covered by this
the level of renewal fees shall be set at a level that:
Regulation. This cooperation shall include regular exchanges of
views on the functioning of the working agreement and, in
particular, on the issue of renewal fees and their impact on
(a) is equivalent to the level of the renewal fee to be paid for
the budget of the European Patent Organisation.
the average geographical coverage of current European
patents;
Article 15
(b) reflects the renewal rate of current European patents; and
Application of competition law and the law relating to
unfair competition
This Regulation shall be without prejudice to the application of
(c) reflects the number of requests for unitary effect.
competition law and the law relating to unfair competition.

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L 361/8
EN
Official Journal of the European Union
31.12.2012
Article 16
2. It
shall
apply
from
1
January
2014
or
the
date
of
entry
into force of the Agreement on a Unified Patent Court (the
Report on the operation of this Regulation
‘Agreement’), whichever is the later.
1. Not later than three years from the date on which the first
European patent with unitary effect takes effect, and every five
years thereafter, the Commission shall present to the European
By way of derogation from Articles 3(1), 3(2) and 4(1), a
Parliament and the Council a report on the operation of this
European patent for which unitary effect is registered in the
Regulation and, where necessary, make appropriate proposals
Register for unitary patent protection shall have unitary effect
for amending it.
only in those participating Member States in which the Unified
Patent Court has exclusive jurisdiction with regard to European
patents with unitary effect at the date of registration.
2. The
Commission
shall
regularly
submit
to
the
European
Parliament and the Council reports on the functioning of the
renewal fees referred to in Article 11, with particular emphasis
3. Each participating Member State shall notify the
on compliance with Article 12.
Commission of its ratification of the Agreement at the time
of deposit of its ratification instrument. The Commission shall
publish in the Official Journal of the European Union the date of
Article 17
entry into force of the Agreement and a list of the Member
States who have ratified the Agreement at the date of entry into
Notification by the participating Member States
force. The Commission shall thereafter regularly update the list
1. The participating Member States shall notify the of the participating Member States which have ratified the
Commission of the measures adopted in accordance with
Agreement and shall publish such updated list in the Official
Article 9 by the date of application of this Regulation.
Journal of the European Union.
4. The
participating
Member
States
shall
ensure
that
the
2. Each participating Member State shall notify the measures referred to in Article 9 are in place by the date of
Commission of the measures adopted in accordance with
application of this Regulation.
Article 4(2) by the date of application of this Regulation or,
in the case of a participating Member State in which the Unified
Patent Court does not have exclusive jurisdiction with regard to
5. Each
participating
Member
State
shall
ensure
that
the
European patents with unitary effect on the date of application
measures referred to in Article 4(2) are in place by the date
of this Regulation, by the date from which the Unified Patent
of application of this Regulation or, in the case of a partici
Court has such exclusive jurisdiction in that participating
pating Member State in which the Unified Patent Court does
Member State.
not have exclusive jurisdiction with regard to European patents
with unitary effect on the date of application of this Regulation,
by the date from which the Unified Patent Court has such
Article 18
exclusive jurisdiction in that participating Member State.
Entry into force and application
1. This
Regulation
shall
enter
into
force
on
the
twentieth
day 6. Unitary
patent
protection
may
be
requested
for
any
following that of its publication in the Official Journal of the
European patent granted on or after the date of application
European Union.
of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in the participating
Member States in accordance with the Treaties.
Done at Brussels, 17 December 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
A. D. MAVROYIANNIS

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Document Outline

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