Unitary Patent

What is a Unitary Patent?

A unitary patent is a type of patent that provides uniform protection for inventions across multiple countries within the European Union (EU). It is designed to simplify the process of obtaining and enforcing patent rights in Europe.

Before the introduction of the unitary patent system, inventors seeking patent protection in Europe had to apply for individual national patents in each country where they wanted protection. This process was costly, time-consuming, complex process: validation requirements differ between countries and can lead to high direct and indirect costs, including translation costs, validation fees (i.e. fees due in some member states for publication of the translations) and associated representation costs, such as the attorney fees charged for the administration of the patent.

Under the unitary patent system, inventors can apply for a unitary patent at the European Patent Office (EPO). If granted, the unitary patent provides protection in all participating EU countries, currently including most EU member states. It offers advantages such as lower costs, simplified administration, and greater legal certainty compared to the traditional national patent system.

Applying for a Unitary Patent

Before a Unitary Patent can be registered by the EPO, the applicant must first obtain a European patent. Once a European patent has been granted, the proprietor must file a "request for unitary effect" at the EPO to obtain a Unitary Patent.

Unitary Patents in Patsnap

Unitary Patent data is available under the Legal tab in the patent view, where you can also filter by four different status options.

1. Opted out, not registered
2. Opted out registered
3. Withdrawal
4. Positive decision by the UP court

Status of Unitary patents can be found with our new search field "Status of Unified Patent Court".