Unitary Patent
Unitary patent and Unified Patent Court
Although attempts were made within the EU to introduce a Community patent (Luxembourg Convention of 1975, never ratified), no such patent currently exists. There are European patents obtainable through the procedure described on this website.
Recently, some EU countries agreed to create a new procedure, the Unitary Patent, similar to the European patent but with substantial differences.
To better understand the differences and implications, please consult the dedicated sections of this website via the menu above.
Unitary patent: European patent with unitary effect
The unitary patent is granted by the EPO and has effect in 18 of the 27 EU member states: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Romania, Slovenia, and Sweden. It becomes automatically valid in these 18 states upon grant, without any need for national validation. If desired, the owner may still validate in non-participating states, obtaining a hybrid patent.
From a legal standpoint, the unitary patent is a single industrial property title valid across the 18 participating states, not a bundle of national patents.
| European patent | Unitary patent | |
|---|---|---|
| Filing and grant | EPO | EPO |
| States covered | 39(+7) states (Albania, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom; optionally also Bosnia and Herzegovina, Cambodia, Laos, Georgia, Moldova, Morocco, Tunisia) | 18 states: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Romania, Slovenia, Sweden |
| Legal structure | Bundle of national patents, each subject to national law and national courts. Possible to abandon in individual validation states. | Single patent with unitary value across 18 states, subject to UPC jurisdiction. Cannot be abandoned in individual states. |
| Language regime | Translations into national languages; appointment of local representative in each validation state | Translation into one EU language; no local representative needed |
| Renewal fees | Annual, state by state | Annual, payable to EPO |
| Duration | 20 years | 20 years |
Administrative procedures for the unitary patent
Filing and prosecution procedures remain identical to those for European patent applications. Until grant, applications are managed by the EPO as usual. Only at grant must the owner decide whether to apply for unitary effect, proceed with the traditional European patent system, or configure a hybrid patent. The request for unitary effect must be filed within one month of publication of the grant decision.
Translations
The EPO's language regime (English, French, German) remains unchanged while the application is pending. At grant, only the claims need to be translated into the other two languages. After grant, if the owner opts for the unitary system, a full translation of the patent into any other official EU language must be provided. For owners in non-EPO-language states, fee reductions are available to offset translation costs.
Can an existing European patent join the unitary patent system?
European patents valid at the time the new system entered into force (1 June 2023) may only join it if the patent was validated in all countries of interest with the same claims. Both unitary patents and conventional European patents fall under UPC jurisdiction, provided no national proceedings are pending at the date the UPC became operational.
Jurisdiction of the Unified Patent Court
The UPC has jurisdiction over unitary patents, European patents, and supplementary protection certificates (SPCs) in the 18 participating states. During the transitional period, owners may file an opt-out request at the EPO. The transitional period currently expires in June 2031 and may be extended by a further 7 years.
When did the Unified Patent Court enter into force?
The UPC Agreement entered into force on 1 June 2023. The status of ratification by additional states is summarised here. The UK's departure from the EU allowed Italy to obtain a UPC central division seat.
Renewal fees (annuities) for the unitary patent
Annual renewal fees are calculated using the "True Top 4" approach, summing the renewal fees of the four leading European countries by annual validation numbers. Fees range from approximately EUR 300 per year in the early years to EUR 4,855 for the twentieth year.
