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Unitary Patent (UP)

Since June 1st, 2023 applicants of a European patent granted by the EPO can apply for a Unitary Patent in the participating EU Member States. Unitary effect is not available for patents granted before this date. Applying for a Unitary Patent remains an option as the classical validation in individual countries remains available.

Upon grant of your European patent there are two options:

  1. Validate your European patent as a Unitary Patent in the 18 participating EU countries and in addition validate your European patent in other EPC countries of your interest.
  2. If you do not desire unitary protection, validate your European patent individually in the EPC states of your interest. This corresponds to the already existing procedure, which, if you have previously obtained a patent grant in Europe, you will be familiar with.

The Unitary Patent system aims to significantly reduce the post-grant costs, compared to individual country validations. For a Unitary Patent only a single translation of the patent specification is necessary and the Unitary Patent can be maintained by the payment of a single annual renewal fee. 

Discover the pro's and con's

Pros

  • Cost advantage
    • For parties interested in Europe-wide validation
    • For litigation (compared to multiple national litigations)
  • Simplified administration
  • Specialised judges
  • Speed of judicial decisions
  • Reduced cross-border issues
  • English will be available in most divisions – also BE

Cons

  • Not possible to downsize patent territory after decision to pursue a Unitary Patent
  • Risk of one negative decision for all countries
  • Central revocation action in the ‘UP space’ possible even after EPO opposition period has expired

Webinar on the UP & UPC

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