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ISSUE 1 2014 MASCHIO & SOAMES IP LTD
In contrast however, in the case where protection is sought in only a few territories, then it is expected that the cost of validating a Unitary Patent will be significantly more than validating a bundle of European patents. This is because the three major states for European validations (UK, FR, DE) are already members of the London agreement, which removes the need for translations and reduces the cost of validations. A unitary validation will require more translations and will be more expensive than a London agreement validation.
The Unitary Patent will also be subject to a single set of renewal fees. However, since the cost of the renewal fees have not yet been decided upon, no cost comparison can be made between the latter and renewal fee costs for a European bundle patent.
However, it is expected that renewal fees for a unitary patent will amount to at least the equivalent of 5 states, and possibly as much as the equivalent of 11 states. Many European patents, however, are only validated in three states (UK, DE and FR), plus Italy and Spain which will not be part of the unitary system. Thus, the maintenance costs of a Unitary Patent are potentially much higher than traditional EPO bundle patents covering only a few states.
Due to the estimated increased validation and maintenance cost of a Unitary Patent as compared with a European bundle patent (except in the case where a large number European states are designated and validated), then it may well be the case that businesses will have to assess the potential commercial value of their patent applications at an early stage. Those that are deemed of high commercial value may warrant the expense of obtaining and maintaining a Unitary Patent, whilst for those patent filings deemed of less commercial value, it may make more business sense to obtain a traditional EPO bundle patent or file national applications in a few select territories. Interesting times ahead.
Dispute wise, on the positive side any disputes relating to the infringement of a Unitary Patent can be dealt with centrally in the Unitary Patent Court and the decision will apply across the whole of the territory of the patent. That is, there will no longer be any need to take out proceedings in separate member states. Litigation will consequently be simpler and more cost effective. The negative spin is that the same applies to validity proceedings, therefore a competitor can effect revocation of a patent across all member states centrally and in the same cost effective manner!
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