The Unitary Patent (UP)

The UP is an alternative to the existing validation process of a European patent in individual countries. It is therefore not a ‘new’ patent, but an option to extend the validity of a European patent granted across all participating countries* in a single stroke. The process of applying for and granting European patents will remain as it is.

The UP is an alternative to the existing validation process of a European patent in individual countries. It is therefore not a ‘new’ patent, but an option to extend the validity of a European patent granted across all participating countries* in a single stroke. The process of applying for and granting European patents will remain as it is.

As soon as the new patent system takes effect, you can opt for registration as a UP instead of registration in individual countries when validating a European patent. In this way, the patent will be immediately valid in all participating countries, and the whole validation process will be greatly simplified.

1. Only one translation will be required, rather than separate translations for individual countries.
2. The European Patent Office will annually charge one amount for the maintenance of the UP in the participating countries, meaning that no more annual fees will be owed in individual countries.
3. As the UP automatically falls under the UPC, the judicial process will be centralised. No opt-out request can therefore be submitted in regard to a UP.

If you sell your UP, this will apply to all participating countries. It is therefore not possible to sell a UP on a per-country basis. However, licences can be granted per country or region.