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What is EPatVO 005?

This is Article 005 from the EPatVO (Verordnung (EU) Nr. 1257/2012 des Europäischen Parlaments und des Rates vom 17. Dezember 2012 über die Umsetzung der verstärkten Zusammenarbeit im Bereich der Schaffung eines einheitlichen Patentschutzes), which is part of the legal framework governing the Unified Patent Court in Europe.

EPatVO Article 005

Legal Text

Uniform protection

1.

The European patent with unitary effect shall confer on its 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.

The scope of that right and its limitations shall be uniform in all participating Member States in which the patent has unitary effect.

3.

The acts against which the patent provides protection referred to in paragraph 1 and the applicable limitations shall be those defined by the law applied to European patents with unitary effect in the participating Member State whose national law is applicable to the European patent with unitary effect as an object of property in accordance with Article 7.

4.

In its report referred to in Article [EPatVO.016|16], the Commission shall evaluate the functioning of the applicable limitations and shall, where necessary, make appropriate proposals.

Applied In

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Official Source

This legal text is from the official EPatVO framework governing the Unified Patent Court.

Reference: EPatVO 005 (Article 005)

Unified Patent Court Official Website