Effective as of 1 June 2023, the European patent with unitary effect (also known as the European unitary patent) enables an invention to be protected in 17 Member States of the European Union (Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden).
The aim is to offer inventors and companies a simpler alternative to the current system by conferring a unitary effect. In practical terms, there is no longer any need to take 17 steps with the 17 national offices in order to ensure a patent’s recognition and defence.
The European unitary patent does not replace national patents or the traditional European patent; it is an additional option for companies seeking to obtain patent protection within the European Union.
The new European patent with unitary effect is based on the European patent granted by the European Patent Office (EPO).
The costs of filing for a patent are reduced compared with those of filing for a European patent in each country: translation costs, administrative costs, fees to be paid by the inventor in each country to guarantee the protection continuity, etc. Renewal fees and charges are paid to a single body: the European Patent Office.
For more information, please consult the unitary patent guide.
It should be noted that a supranational jurisdiction (in the shape of the Unified Patent Court – UPC) has been set up to settle disputes between inventors or companies. This jurisdiction comprises a court of first instance, a court of appeal and a registry. A patent mediation and arbitration centre is also planned to facilitate out-of-court settlements.