| 摘要: | 歐洲專利制度讓申請程序單一化，申請人僅需單獨面對歐洲專利局，無須分別對應各會員國之專利專責機關，相關費用也降低，包含代理人所需費用以及專利專責機關所需之官方費用。不過，相較於其他經濟市場，透過歐洲專利制度取得歐洲專利所需花費仍然相當高，且在取得歐洲專利後，後續程序也相當繁複，造成許多申請人在權衡利弊後會放棄申請歐洲專利。為此，單一專利制度便開始被討論。其目的在於，申請人能夠透過一個專利制度取得單一專利，相較於歐洲專利，程序以及費用預期能夠被簡化以及降低，而單一專利，實際上是一種具有單一效力之歐洲專利，因此，單一專利制度並非用來取代歐洲專利制度，而是提供申請人有另外選擇。
單一專利制度尚未正式施行，主要是單一專利法院協議尚未生效。單一專利法院協議必須至少包含英國、德國以及法國三個國家同意方可生效，而目前尚欠英國以及德國。自從英國脫離歐洲事件後，單一專利制度能否實現就成為熱門話題。除此之外，單一專利制度是否能夠如期帶來效益，例如，降低費用吸引更多申請人在歐洲地區申請專利，也跟著廣泛地被討論。
單一專利制度是區域性專利制度，發展過程以及組織成立都可成為未來其他區域性專利制度之借鏡，除此之外，區域性專利制度所能帶來效益，包含其費用、程序以及權利範圍，也都會成為其他區域性專利制度的重要參考。因此，本文將研究單一專利制度來源、組織、程序以及費用，確認這個新歐洲制度所能帶來效益。
The application process is unified in European Patent system. Applicant does not need to contact patent competent authorities of numerous states separately, but merely reciprocates with European Patent Office during application process. The fee during application process is also reduced, including the certain fee requested by patent agent and the official fee requested by patent competent authorities because there is only one application process. However, the total cost of obtaining European Patent through European Patent system is still far from the average of the cost of other main economic countries, as well as the follow processes after obtaining European Patent are considerably complexity. For this reason, many applicants intend to give up European Patent application under benefit discretion. Thus, Unitary Patent system is being discussed. For the purpose, contrary to European Patent, applicant can obtain Unitary Patent through single patent system, and the procedure can be unified and the official fee can be reduced as anticipation. The Unitary Patent, actually is European Patent with unitary effect, so the Unitary Patent system specifically will not replace European Patent system, instead, is another choice to applicant.
The Unitary Patent system is not yet carried out, because of the Agreement on the Unified Patent Court is not ratified. The Agreement on the Unified Patent Court must be at least ratified by United Kingdom, Deutschland and France. From now, it still lacks of United Kingdom and Deuteschland. The ratification of Unitary Patent system is in doubt after Brexit, moreover, the benefit that whether the Unitary Patent system is able to bring up as anticipation is also under widely debate, for instance, reducing fee can attract more applicants to file patent application in Europe can be put in question.
Unitary Patent system is regional patent system, the process of development and establishment of organization might be learned by other regional patent system in the future. Furthermore, the benefit conveyed by Unitary Patent system, comprising lower fee, procedure deduction, or competence of patent right, can be important references to other regional patent system. Hence, this article intend to analyze Unitary Patent system, literally means origin, organization, process and fee, then confirm the advantage that the new European system can truly deliever. |
