Overview
The European Unitary Patent system (also known as the European patent with unitary effect) was created to establish a simplified mechanism for patent protection in the participating Member States of the European Union (EU). Based on Regulation (EU) No 1257/2012 and Regulation (EU) No 1260/2012, as well as the Agreement on a Unified Patent Court (UPC), this system officially entered into force on 1 June 2023. Once a European patent has been granted by the European Patent Office (EPO), the proprietor can request unitary effect within one month of the publication of the grant, thereby benefiting from uniform protection and enforcement across all participating Member States with a reduced administrative burden.
The Unitary Patent system coexists with national patent systems and with the traditional European patent validation system. Once unitary effect has been registered, the patent is managed centrally by the EPO, to which the annual renewal fees are paid.
EU Member States
The following 18 EU Member States currently participate in the Unitary Patent system: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovenia and Sweden.
Other EU countries may join the system upon ratifying the UPC Agreement. The Unitary Patent operates alongside existing national systems and the traditional European patent system.
IP office
Under the Unitary Patent scheme, patents are granted by the European Patent Office following the usual examination procedures outlined in the European Patent Convention. Upon grant, the patent proprietor may request unitary effect within a limited time frame.
- Requirements: The applicant must first secure a European patent from the EPO, then submit a request for unitary effect to obtain uniform coverage in participating EU states.
- Renewal Period: A Unitary Patent remains in force for up to 20 years from the filing date, subject to annual renewal fees payable to the EPO.
- Examination: The EPO conducts both formal and substantive examinations of European patent applications; once granted, the single request for unitary effect replaces the need for individual national validations.
- Member State Implications: Infringement and revocation proceedings are addressed before the Unified Patent Court, which holds jurisdiction across member states that ratified the UPC Agreement.
This information does not constitute legal advice; it is for informational purposes only.
Understanding the Unitary Patent
Effective since June 1, 2023, the Unitary Patent introduces a new way to obtain patent protection across much of the EU with a single application.
To help make sense of this important change, we've put together a clear and practical guide, with key differences compared to the traditional European patent and practical considerations for applicants and rights holders.
This publication is available in three language editions: English, Portuguese and Chinese.
