Unitary Patent

 

Single Application: With a Unitary Patent, inventors can apply for a single patent that covers all participating EU member states. This is in contrast to the traditional method where you have to apply for separate national patents in each country where you want protection.

 

Unified Patent Court (UPC): Alongside the Unitary Patent, there is also the establishment of a Unified Patent Court (UPC). The UPC is a specialized court that handles disputes related to Unitary Patents and traditional European Patents. It aims to provide a consistent and efficient legal framework for patent litigation across multiple EU countries.

 

Opting In: The Unitary Patent system is optional. Inventors can choose whether to apply for a Unitary Patent or a traditional European Patent (with individual validations in specific countries). However, once you've opted for a Unitary Patent, you can't later change to the traditional system for that patent.

 

Territorial Scope: The Unitary Patent provides protection in the EU member states that have ratified the Unified Patent Court Agreement. Not all EU countries are part of the system, but the goal is to have widespread participation.

 

Language Regime: The Unitary Patent system involves a language regime where the patent application and any related legal documents can be filed in English, French, or German. This is meant to streamline the process and reduce translation costs.

 

Enforcement: The Unified Patent Court is responsible for handling infringement and validity cases related to Unitary Patents. Its decisions will have effect across all participating member states, ensuring consistent rulings.

 

Cost Savings and Simplification: The Unitary Patent system aims to reduce the administrative and translation costs associated with obtaining patent protection in multiple EU countries. It also offers a more streamlined process for patent holders.