Unitary Patent and Unified Patent Court
The Unitary Patent allows a European patent to have uniform effect across the Member States participating in the Unitary Patent system. As of today, this protection covers 18 countries: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovenia, and Sweden.
More information is available on the European Patent Office (EPO) website:
https://www.epo.org/applying/european/unitary/unitary-patent_fr.html
What are the benefits of the Unitary Patent?
By opting for a Unitary Patent, you benefit from centralized protection across all participating Member States and the payment of a single annual renewal fee covering all of these territories.
This solution is generally cost-effective when you intend to maintain your patent in force in several European countries, particularly in three or more countries. Beyond financial considerations, the choice of unitary protection should also take into account your commercialization strategy, target markets, and exposure to litigation risks.
Our patent attorneys and intellectual property professionals can help you assess these factors and define the strategy best suited to your business objectives.
Unitary Patent and the Unified Patent Court (UPC)
The Unitary Patent falls under the exclusive jurisdiction of the Unified Patent Court (UPC).
In particular, the UPC allows:
- the filing of infringement actions with effect across all countries covered by the patent;
- injunctions and damages to be sought across multiple European countries;
- third parties to seek revocation of the patent with effect in all concerned States.
The centralization of proceedings is a major advantage in terms of efficiency and consistency of decisions. However, it also means that a revocation decision may take effect throughout the entire protected territory.
National Validation of a European Patent
If you do not wish to request unitary effect, or if you seek protection in countries that do not participate in the Unitary Patent system, such as the United Kingdom, Spain, Switzerland, or Norway, your European patent must be validated individually in each selected country.
This approach allows you to develop a tailored protection strategy based on your key markets and budgetary considerations.
Upon request, we can provide a customized quote for national validations based on a pre-selection of the countries of interest.
The Opt-out Option
For conventional European patents, the UPC has jurisdiction by default over disputes relating to patent infringement and patent validity.
However, it is possible to file an opt-out request to remove the patent from the jurisdiction of the UPC and maintain the exclusive jurisdiction of the national courts.
This decision may offer strategic advantages depending on your patent portfolio, industry sector, and litigation risk management policy.
Our experts can advise you on whether an opt-out is appropriate for your circumstances and can handle all related formalities on your behalf.
More information:
https://www.epo.org/fr/applying/european/unitary/upc