Officially launched on June 1, 2023, the Unitary Patent system represents a significant development in the European intellectual property landscape, aiming to streamline patent protection across participating EU member states, making the process more efficient and cost-effective.
To celebrate the first anniversary of its launch, Metroconsult has developed a basic brochure outlining the main pros and cons of the Unitary Patent system.
Key Features of the Unitary Patent System
- Unified Protection:
The Unitary Patent provides uniform protection across all participating EU member states. Once granted, a single Unitary Patent covers up to 17 countries, with the possibility of more joining in the future (starting from September 1st, 2024, Romania will also join the Unitary Patent System, bringing the number of participating countries to 18). This eliminates the need for separate national patents and reduces the complexity of managing multiple patents across different jurisdictions.
- Cost Efficiency:
The new system can lower the costs associated with patent protection in Europe. By consolidating the validation and renewal processes, patent holders save on translation fees, administrative fees, and legal costs.
- Simplified Legal Framework:
The Unitary Patent is complemented by the Unified Patent Court (UPC), which provides a single, specialized court for handling disputes related to Unitary Patents. This aims to reduce legal uncertainty and ensure consistent rulings across member states, as opposed to the previous system where national courts could deliver divergent decisions.
Patent holders can now choose between traditional European patents, which require validation in individual countries, and the Unitary Patent. This choice allows for strategic flexibility depending on the scope of protection needed and cost considerations.
Metroconsult’s consultants are at your disposal to provide you with more information on the Unitary Patent and the Unified Patent Court and to help you determine whether it is strategically more advantageous for your company to choose the Unitary Patent route or the traditional European Patent.
Please contact us at: info@metroconsult.it
* Always committed to teaching new generations the importance of intellectual property, this brochure was created by Metroconsult in collaboration with Bachelor students from ESCP Business School as part of their 2023/2024 Collective Project. We would like to thank Jamie Oehler, Erik Albano-Müller, Martha Freter, Laura Jaksic, Agathe Communay-Gudmundsson, and Luoxuan Yue.