Unitary Patent Europe

Unitary patent system aims to make the European patent much more straightforward and cost-effective.

A Unitary patent system is expected to be operational in early 2023. The new system provides a single unitary patent covering all European Union member states that have ratified the UPC Agreement. The application process will be the same and can be obtained at the European Patent Office(EPO). The unitary patent system is a single patent that will cover up to 24 participating countries. In the new unitary patent system, the applicators will pay a single renewal fee for all participating nations rather than one fee for each national validation. The significant aim of the Unitary Patent and Unitary Patent Court is to improve access to the European patent system. They want to make the unitary patent system more cost-effective, reduce complexity, and enforce patent protection in participating EU member states.

The unitary patent system offers fewer administrative tasks for applicants seeking patent protection across the participating states. It is vital to validate a European patent with unitary effect; the owner will need to notify the EPO within one month. The translation of the granted patent must be filed if the language of the processing EPO exam is English. Don't hesitate to contact [email protected] or your usual Haseltine Lake Kempner advisor if you require any advice on unitary patent regulation and unitary patent timing.

The Unitary patent sunrise period will last three months; during this period, the European patent will be available to register an opt-out before the UPC agreement comes into force. We can also request a delay in the issuance of a European Patent until the entry into force of the UPCA so that the application can lead to unitary patent protection. You can opt-out of the request after the sunrise period with the risk of a patent being forced out. Opting out if the request is not filed for a European patent during sunrise is possible.

There are so many pros and cons of the unitary patent system to consider in deciding whether to elect the unitary patent system or to opt for granted European patents outside the UPC's jurisdiction. There are a few factors to consider:

Pros

Cons

Renewal fees

The administrative process will be lower since you only have to worry about a single renewal fee instead of a separate fee for each member state.

Renewal fees

If your business needs change and only needs protection in one or two countries, you must pay for the renewal fees and maintain unitary patent covering for all jurisdictions.

Procedure

Speedy procedure

Procedure

Concise time frame

Coverage

Automatic coverage of 17 member states without the need for designation

Coverage

Doesn't cover Spain, Switzerland and a few other countries.

Conclusion

The Unitary Patent and unitary patent court is an extension of the existing European patent system, which will offer applicants a new option to validate. The new unitary patent system will be available once the Unified Patent Court Agreement (UPCA) has come into force. The new system is expected to come into force in early spring 2023. Haseltine lake Kempner is happy to help our clients to navigate the complexities of the new unitary patent system, from formulating effective IP strategies. If you have questions on the Unitary Patent or the Unified Patent Court, don't hesitate to contact [email protected].

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