Unitary patent – Strategic patent protection in Europe
The European patent with unitary effect
Since 1 June 2023, it has been possible to obtain a European patent with unitary effect (unitary patent). The unitary patent offers uniform patent protection in currently 18 EU member states, including Germany, France, Italy and Austria.
The unitary patent follows after the granting of a European patent. The examination and registration procedure before the European Patent Office (EPO) remains completely unchanged. Once the patent has been granted a request for unitary effect must be filed within one month.
When does the unitary patent make sense?
The unitary patent can offer economic advantages, especially for small and medium-sized enterprises. These advantages result primarily from:
- the elimination of national validations,
- reduced translation requirements, and
- a single annual fee instead of several national annual fees.
At the same time, the unitary patent is not the optimal solution in all cases. Depending on the business model, market strategy, willingness to assume risks and desired geographical coverage, traditional national validations may still be useful and advantageous.
Our guidance on the unitary patent
As patent attorneys and European patent litigators with proven experience before the Unified Patent Court (UPC), we provide our clients with comprehensive and strategic advice on whether and in what form the unitary patent can be used effectively. In doing so, we take the following factors into particular consideration:
- Company size and budget,
- Target markets and competitive environment,
- Enforcement and defence risks, and
- long-term cost development.
Our focus is on developing tailor-made, economically sensible solutions for your company – not on making blanket recommendations for or against the unitary patent.
Unitary patent and patent infringement proceedings
The unitary patent can be enforced or contested in the event of a dispute before the Unified Patent Court (UPC). This has made the enforcement and contestation of patents much more effective, as court decisions of the UPC have uniform effect in all participating Member States. A detailed description of our activities and experience before the Unified Patent Court (UPC) can be found here.
UPC in Kraft
- Belgien
- Bulgarien
- Dänemark
- Deutschland
- Estland
- Finnland
- Frankreich
- Italien
- Lettland
- Litauen
- Luxemburg
- Malta
- Niederlande
- Österreich
- Portugal
- Rumänien
- Schweden
- Slowenien
Unterzeichnet
- Griechenland
- Irland
- Slowakei
- Tschechien
- Ungarn
- Zypern
Keine Teilnahme
- Kroatien
- Polen
- Spanien
Conclusion
The unitary patent is a powerful instrument of the European patent system which, when used correctly, can offer considerable advantages – especially for smaller companies with a European focus. However, a sound analysis of patent law and economic factors is essential.
We would be happy to assist you in making this decision.
