Overview of translation requirements for the unitary patent

One of the advantages of the unitary patent is a reduction in translation requirements. Below we will give an overview of the translations you may encounter when applying for a unitary patent.

The Malta problem for requesting unitary effect

Over at IPcopy an interesting problem regarding the request for unitary effect was signaled. It appears that under some interpretation of regulation 1257/2012, unitary effect is not available for any European patent application that was filed before 1 March 2007.

The argument runs as follows:  Article 3(1) of regulation 1257/2012 requires for unitary effect "a European patent granted with the same set of claims in respect of all the participating Member States". The same article further state that `A European patent granted with different sets of claims for different participating Member States shall not benefit from unitary effect.´