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Unitary Patent (UP)

Since June 1st, 2023 proprietors of a European patent granted by the European Patent Office (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 classical validation in individual countries remains available.

Upon grant of your European patent there are the following options for European patent proprietors:

  1. Validate your European patent as a Unitary Patent in the 18 participating EU Member States and in addition validate your European patent in other EPC countries of your interest. The 18 EU Member States which participate in the Unitary Patent are: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovenia, Sweden.
  2. If you do not desire “unitary protection” in the 18 participating EU Member states, validate your European patent individually in the EPC states of your interest (classic validated European Patent). This corresponds to the already long-time existing procedure.
  3. It needs to be noted that if, in addition to your Unitary Patent, you wish protection in non-UP countries, you will still need to classically validate in those EPC countries. 

UP - Advantages

Single registration and central administration

The EPO handles post-grant administration through a single registration process. Proprietors no longer need to manage separate national validation procedures or coordinate with multiple national patent offices.

Simplified and unified renewal system

One renewal procedure, one renewal deadline, and one payment procedure in euros. All renewal payments are made centrally to the EPO, eliminating the fragmented national fee schedules and administrative complexity of traditional patent validation, thereby streamlining costs and administrative burden compared to traditional multi-national patent management.

Reduced translation burden

Currently, only one translation of the European patent specification is necessary. After the transitional period of six years (which may be extended to a maximum of 12 years), proprietors will no longer have to file a translation. During the transition, translations have information-only status. 

Streamlined enforcement

The Unified Patent Court provides a single legal forum for infringement proceedings and provisional measures across the Unitary Patent territory, enabling efficient cross-border litigation without parallel proceedings in national courts. This advantage comes with the downside that Unitary Patent protection is subject to unified revocation (a single UPC decision affects all participating states simultaneously).

Transparent portfolio management and technology transfer

The central online register displays all legal status information such as ownership transfers and licenses in one place, streamlining due diligence and encouraging technology licensing and investment. 

Truly uniform substantive protection

Substantive patent law is harmonized across all participating states under the UPC Agreement, eliminating the interpretation divergence that arises from national patent courts applying different legal frameworks. 

Webinar on the UP & UPC

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