Since June 1, 2023, companies have a new option to protect their inventions across multiple European markets: the European patent with unitary effect.
As industrial property attorneys, we would like to draw your attention to this development, which may represent a strategic opportunity for SMEs.
What is the Unitary Patent?
The Unitary Patent is a European patent granted by the European Patent Office (EPO), to which a "unitary effect" is conferred.
In practice, at the end of the standard procedure before the EPO, you can request that your patent automatically benefit from uniform protection in all participating Member States.
This avoids the need for country-by-country validations — which are often complex and costly.
Advantages for an SME
Administrative simplification
- A single request after grant to obtain protection in multiple countries
- No need for national representatives for each validation
- Centralized management with the EPO
Cost reduction
- No official fee for requesting unitary effect
- Annual renewal fees set at a competitive level, particularly for the first ten years: less than EUR 5,000 in total
- Substantial savings on translations and national formalities
Enhanced legal certainty
- Litigation centralized before the Unified Patent Court (UPC)
- Decisions directly enforceable in all covered States
Key considerations for your strategy
The European patent with unitary effect only covers EU Member States that have ratified the system. Some important markets (e.g. Spain, United Kingdom) are not accessible.
It is not possible to opt for a partial unitary effect: the effect applies to all participating States or to none.
The centralization of litigation through the UPC also means that an unfavorable decision could have an immediate effect across all covered territories.
In practice, it is often essential to combine a Unitary Patent with targeted national validations in non-participating States.
Have a question about your patent protection strategy in Europe?
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