Unitary Patents - Introduction

What is a Unitary Patent?

  • A Unitary Patent is a "European patent with unitary effect", which means a European patent granted by the EPO under the rules and procedures of the EPC to which, after grant, unitary effect is attributed for the territory of the participating Member States at its proprietor's request.  
  • The EPO has been entrusted by the participating Member States with certain administrative tasks relating to Unitary Patents, in particular the administration of requests for a Unitary Patent (requests for unitary effect). Accordingly, once a European patent has been granted, a separate, post-grant procedure can be initiated at the EPO with a view to obtaining a Unitary Patent. This procedure is less complex and significantly cheaper than the existing system of national validation and so offers an attractive new alternative for proprietors of European patents.

The Unitary Patent architecture
19A Unitary Patent is a "European patent with unitary effect",...

  • If all the requirements are met, the EPO will register a Unitary Patent ("unitary effect") for the European patent concerned. A Unitary Patent has unitary character, meaning it provides uniform protection and has equal effect in all the participating Member States. It may only be limited, transferred or revoked, or lapse, in respect of all the participating Member States. It may be licensed in respect of the whole or part of the territories of the participating Member States.  

 

 

 

Note: https://www.epo.org/en/legal/guide-up