Unitary patent

European patent with unitary effect

EU members participating in the unitary patent regulation which have also ratified the UPC Agreement (unitary patents will apply for these states from 1 June 2023)

EU members participating in the unitary patent regulation which have not ratified the UPC Agreement (unitary patents will not apply for these states)

EU members neither participating in the unitary patent regulation nor in the UPC Agreement (eligible for participation in the future)

Other European Patent Convention parties (no participation possible)

The European patent with unitary effect, also known as the unitary patent, is a European patent which benefits from unitary effect in the 17 participating member states of the European Union.^{[notes 1]} Unitary effect may be requested by the proprietor within one month of grant of a European patent, replacing validation of the European patent in the individual countries concerned. Infringement and revocation proceedings are conducted before the Unified Patent Court (UPC), which decisions have a uniform effect for the unitary patent in the participating member states as a whole rather than in each country individually. The unitary patent may be only limited, transferred or revoked, or lapse, in respect of all the participating Member States.^[1] Licensing is however possible for part of the unitary territory.^[2] The unitary patent may coexist with nationally enforceable patents ("classical" patents) in the non-participating states. The unitary patent's stated aims are to make access to the patent system "easier, less costly and legally secure within the European Union" and "the creation of uniform patent protection throughout the Union".^[3]

European patents are granted in English, French, or German and the unitary effect will not require further translations after a transition period.^{[notes 2]} The maintenance fees of the unitary patents are lower than the sum of the renewal fees for national patents of the corresponding area, being equivalent to the combined maintenance fees of Germany, France, the UK and the Netherlands (although the UK is no longer participating following Brexit).

The negotiations which resulted in the unitary patent can be traced back to various initiatives dating to the 1970s. At different times, the project, or very similar projects, have been referred to as the "European Union patent" (the name used in the EU treaties, which serve as the legal basis for EU competency), "EU patent", "Community patent", "European Community Patent", "EC patent"^[4] and "COMPAT".^[5]

On 17 December 2012, agreement was reached between the European Council and European Parliament on the two EU regulations^{[notes 3]} that made the unitary patent possible through enhanced cooperation at EU level. The legality of the two regulations was challenged by Spain and Italy, but all their claims were rejected by the European Court of Justice.^[6][7][8] Italy subsequently joined the unitary patent regulation in September 2015,^[9] so that all EU member states except Spain and Croatia now participate in the enhanced cooperation for a unitary patent. Unitary effect of newly granted European patents will be available from the date when the related Unified Patent Court Agreement enters into force for those EU countries that have also ratified the UPC,^{[notes 4]} and will extend to those participating member states for which the UPC Agreement enters into force at the time of registration of the unitary patent. Previously granted unitary patents will not automatically get their unitary effect extended to the territory of participating states which ratify the UPC agreement at a later date.

The unitary patent system applies since 1 June 2023, the date of entry into force of the UPC Agreement.^[10]

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