The unitary patent, also called "European patent with unitary effect", is a European patent examined by the European Patent Office (EPO) under the rules of the European Patent Convention (EPC). It has unitary effect in the territory of the 25 common member states of the EPC and the European Union (EU). The states Albania, Croatia, Cyprus, Czech Republic, Greece, Hungary, Iceland, Ireland, Liechtenstein, Monaco, Montenegro, Norway, Poland, Romania, San Marino, Serbia, Slovakia, Spain, Switzerland, The former Yugoslav Republic of Macedonia, Turkey und United Kingdom are member states of the EPC, some of them also of the European Union, however, do not participate in the enhanced cooperation on the Unitary Patent.

Start

The unitary patent started on June 1, 2023.

Costs

	Office (€)	Attorney (€), excluding VAT
basic fee	-	200
translation fee English -> German (8500 words)	-	2210
total amount	2410

The patentee may request no later than one month of the grant of the European patent that the European patent is effective as a Unitary Patent in 25 member states. Alternatively or in addition the national parts of the European patent may be validated and maintained as in the past. This is necessary in the states which the European patent is supposed to be effectvie and do not participate in the enhanced cooperation on the Unitary Patent.

Translation arrangements

During a transitional period of up to 7 years (Art. 83(1) UPCA), i.e. up until May 31, 2030

an English language translation of the European patent has to be submitted in case the patent has been granted in German or French language.
a translation into any official language of the European Union has to be submitted in case the patent has been granted in English language.

After the transitional period a machine translation of Patent Translate, a machine translation program developed by the EPO together with Google, is sufficient. Only in case of dispute, at the request of a court or an alleged infringer, will the patent proprietor have to provide a full human translation into the relevant language.

Renewal fees

Renewal fees for a unitary patent have to be paid to the European Patent Office.

Unified Patent Court (UPC)

The Unified Patent Court is the centralised patent jurisdiction of the 17 participating Member States (as of June 1, 2023) for both classical European patents and unitary patents unless an opt out is declared according to Art. 83(3) UPCA.

Further Information

This page should not be construed as legal advice.