The entry into force of the Unitary Patent system today marks a historic step in the completion of the Internal Market and ushers in a new era for the protection of innovations in Europe.

The Unitary Patent system brings a host of substantial improvements for users everywhere, including cost reductions, streamlined procedures, increased transparency, and enhanced legal certainty.

Starting today, users can apply for a single Unitary patent – a European patent with unitary effect - through a single procedure, subject to a single renewal fee in a single currency and litigate under a single legal system before the Unified Patent Court (UPC). The UPC, which also commences its operations today, makes a centralised litigation system for patents a reality and allows users to file cases at the European level.

Access to the Unitary Patent remains open to all EU member states. So far, seventeen states - Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden – have joined, with additional EU member states anticipated to participate in the future. The economies of the member states currently participating generate an estimated combined GDP of more than EUR 12 trillion (corresponding to almost 80% of the entire EU’s GDP) and incorporate a population of nearly 300 million people. Iceland is not a part of the system, as it is not a member of the EU.

The new Unitary Patent further solidifies Europe’s standing as a crucial global market for innovation and investment by offering a further option for patent protection in EU member states, in addition to the classical European and national patents. The entry into operation of the new system in Europe is expected to benefit micro-entities, such as start-ups, individual inventors and research centres. The step marks the single most important development in the European patent system in the last fifty years since the signing of the European Patent Convention on 5 October 1973, a landmark that will be celebrated later this year.

“The entry into force of the Unitary Patent system today marks a historic moment by creating a more accessible, more cost-effective and simpler patent system. For the first time, Europe can rely on a borderless market for technology to support its innovative businesses. With this step, we have not only levelled the playing field with our competitors in other regions, but also created the conditions that will boost innovation and our economies. Thanks to this improvement, we anticipate a 2% increase in annual trade flows and a 15% growth in foreign direct investment in high-tech sectors”, says EPO President António Campinos.

In the new system, the EPO acts as a one-stop shop for owners of Unitary Patents. This replaces the present system of a multitude of parallel national validation procedures with national IP authorities. Furthermore, Unitary Patents need to be filed in English, French or German only, thereby eliminating the need for inventors to translate their patent into multiple official national languages.

Fees to maintain patents are directly paid with the EPO and have been set by the EU member states to ensure they remain attractive to businesses: Patent holders will need to pay a fraction of the current costs – EUR 5000 over ten years, compared to almost EUR 30 000 at present - to maintain their patent in the 25 EU member states that have participated in the co-operation for the creation of the new system.

The advent of the new system has already attracted considerable interest from the users. The EPO will publish the first batch of Unitary Patents on 7 June.

The Unified Patent Court

The UPC also commences its operations today. Established under an international co-operation agreement of the EU member states, the UPC will serve as the central judiciary for patent litigation in Europe and have jurisdiction over infringement and revocation actions related not only to Unitary Patents, but also to classical European patents. This marks a significant improvement to the present situation where European patents have been the subject of litigation in parallel proceedings before national courts, rendering legal action complex and costly for all parties. In contrast, the UPC‘s jurisprudence will generate a harmonised body of case law in Europe that will enhance the legal certainty and transparency of the patent system, benefitting both innovators and the broader public. The UPC’s court of first instance is headquartered in Paris with a section in Munich and local and regional divisions across the EU member states. Its Court of Appeal is located in Luxembourg. The UPC also hosts a patent mediation and arbitration centre with seats in Ljubljana and Lisbon.

Further information on the Unitary Patent on EPO's website

The Unified Patent Court's website