CHAPTER III

A EUROPEAN PATENT WITH UNITARY EFFECT AS AN OBJECT OF PROPERTY

Treating a European patent with unitary effect as a national patent
Article 7
1
A European patent with unitary effect as an object of property shall be treated in its entirety and in all the participating Member States as a national patent of the participating Member State in which that patent has unitary effect and in which, according to the European Patent Register:
a
the applicant had his residence or principal place of business on the date of filing of the application for the European patent; or
b
where point (a) does not apply, the applicant had a place of business on the date of filing of the application for the European patent.
2
Where two or more persons are entered in the European Patent Register as joint applicants, point (a) of paragraph 1 shall apply to the joint applicant indicated first. Where this is not possible, point (a) of paragraph 1 shall apply to the next joint applicant indicated in the order of entry. Where point (a) of paragraph 1 does not apply to any of the joint applicants, point (b) of paragraph 1 shall apply accordingly.
3
Where no applicant had his residence, principal place of business or place of business in a participating Member State in which that patent has unitary effect for the purposes of paragraphs 1 or 2, the European patent with unitary effect as an object of property shall be treated in its entirety and in all the participating Member States as a national patent of the State where the European Patent Organisation has its headquarters in accordance with Article 6(1) of the EPC.
4
The acquisition of a right may not be dependent on any entry in a national patent register.

Licences of right
Article 8
1
The proprietor of a European patent with unitary effect may file a statement with the EPO to the effect that the proprietor is prepared to allow any person to use the invention as a licensee in return for appropriate consideration.
2
A licence obtained under this Regulation shall be treated as a contractual licence.