[Pct] Allowed EP patent -- opt between Unified Patent or country-by-country validation?
Jeremy Smith
jsmith at kilburnstrode.com
Tue Feb 13 16:52:20 EST 2024
Hi David,
“10th year” means the renewal fee for the 10th year calculated from the filing date of the application. You pay for the year up-front so it’s due 9 years after the filing date.
Yes GB is not covered by a unitary patent, so you would need to validate there separately.
Yes the UP will need to be translated into one other EU language. Was the end of your question cut off there?
Best wishes,
Jeremy
Jeremy Smith
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Subject: [Pct] Allowed EP patent -- opt between Unified Patent or country-by-country validation?
I am now facing the choice for the first time of an allowed EP patent, and how to validate. Opt in for a single European Unitary Patent, or validate in the big countries (DE GB FR probably).
Questions
-- fee schedule is here https://www.epo.org/en/legal/guide-up/2022/uppg_a_v.html<https://www.epo.org/en/legal/guide-up/2022/uppg_a_v.html> When they say "10th year" is that 10th year from filing, or 10th year from EP allowance? The yardstick is "published in the European Patent Bulletin" -- does that happen at 18 months, or at allowance?
-- when GB quit the EU club, they quit the Unitary Patent club too, right? So if I opt for Unitary Patent, I still have to validate in GB, right?
-- this application was prosecuted in English. So to validate Unitary, we have to translate into one other language https://www.epo.org/en/legal/guide-up/2022/uppg_b_ii_4.html<https://www.epo.org/en/legal/guide-up/2022/uppg_b_ii_4.html> For country-by-country validation, translate for all
Does anyone know of a cost calculator?
Thanks
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