Editing Unitary patent (section)

===Regulations regarding the unitary patent===
{{Infobox EU legislation 
|type=Regulation
|title=1257/2012: Implementing enhanced cooperation in the area of the creation of unitary patent protection<br /> 1260/2012: Implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements
|number=1257/2012 & 1260/2012
|Enhancedcooperation=Yes
|Parties=All current EU members, except Spain and Croatia.
|madeby=[[European Parliament]] and [[Council of the European Union|Council]]
|madeunder=[[s:Consolidated version of the Treaty on the Functioning of the European Union/Title VII: Common Rules on Competition, Taxation and Approximation of Laws#Article 118|Article 118]] of the [[Treaty on the Functioning of the European Union|TFEU]], and <br />{{CELEX|32011D0167|text=Council Decision 2011/167/EU}}
|OJref=<small>L361, 31.12.2012, p.1-8, 89-92</small>
|OJrefurl=http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:361:TOC
|made=17 December 2012
|commenced=20 January 2013<ref>Regulation (EU) No 1257/2012, Art. 18.1.</ref>
|implementation=1 June 2023
|CommProp= 
|ESCOpin= 
|ParlOpin= 
|Reports= 
|replaces= 
|amends= 
|amendedby= 
|replacedby=
|status=Pending
}}
The first two regulations were approved by the [[European Parliament]] on 11 December 2012, with future application set for the 25 member states then participating in the [[Enhanced cooperation#Unitary patent|enhanced cooperation for a unitary patent]] (all then EU member states except Croatia, Italy and Spain).<ref name=EUPARL/><ref>{{cite web |url=http://euobserver.com/political/118490 |title='Historic day' as EU patent deal ends 40-year wait |last1=Fox |first1=Benjamin |date=12 December 2012 |publisher=EUobserver.com |access-date=14 December 2012}}</ref><ref name=Delay2July>{{cite news|title=Toch nog tegenslag voor Europees patent|work=[[nu.nl]]|url=http://www.nu.nl/economie/2849596/toch-nog-tegenslag-europees-patent.html|language=nl|date=2 July 2012|access-date=2 July 2012}}</ref><ref>{{cite web|url=http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2011/0093(COD)&l=en|work=Legal Observatory of the European Parliament|title=Enhanced cooperation in the area of the creation of unitary patent protection: implementation|access-date=30 June 2012}}</ref><ref>{{CELEX|52011PC0216|format=PDF|text=Enhanced cooperation in the area of the creation of unitary patent protection: implementation; translation arrangements}}</ref> The instruments were adopted as regulations EU 1257/2012<ref name="32012R1257"/> and 1260/2012<ref name="32012R1260">{{CELEX|32012R1260|text=Council Regulation (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements}}</ref> on 17 December 2012, and entered into force in January 2013. Following a request by its government,<ref name=italyrequest>{{cite web|work=Council of the European Union|url=http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=LD&DOC_ID=ST-10621-2015-INIT|title=Notification by Italy of its intention to participate in the enhanced cooperation in the area of the creation of unitary patent protection and in the enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements|access-date=10 July 2015|date=7 July 2015}}</ref> Italy became a participant of the unitary patent regulations in September 2015.<ref name="italy"/>

As of March 2022, neither of the two remaining non-participants in the unitary patent (Spain and Croatia) had requested the European Commission to participate.

Although formally the Regulations will apply to all 25 participating states from the moment the [[Agreement on a Unified Patent Court|UPC Agreement]] enters into force for the first group of ratifiers,{{refn|group=notes|name="UPC entry into force"}} the unitary effect of newly granted unitary patents will only extend to those of the 25 states where the UPC Agreement has entered into force, while patent coverage for other participating states without UPC Agreement ratification will be covered by a coexisting normal European patent in each of those states.<ref name="geographical extension">{{cite web|url=https://www.unified-patent-court.org/sites/default/files/enhanced-european-patent-system.pdf |archive-url=https://web.archive.org/web/20160609144239/https://www.unified-patent-court.org/sites/default/files/enhanced-european-patent-system.pdf |archive-date=2016-06-09 |url-status=live|title=An Enhanced European Patent System|publisher=Unified Patent Court|date=30 June 2014}}</ref>

The unitary effect of unitary patents means a single renewal fee, a single ownership, a single object of property, a single court (the [[Unified Patent Court]]) and uniform protection, which means that revocation as well as infringement proceedings are to be decided for the unitary patent as a whole rather than for each country individually. Licensing is however to remain possible for part of the unitary territory.<ref name="32012R1257"/>