The Unitary Patent is a new type of European patent, which covers up to 24 participating Member States (currently 17 participating Member States) for the enhanced cooperation involved. It is not an EU -wide patent - it proved politically impossible to achieve agreement at EU-level. Instead, it was created as a form of enhanced cooperation between the EU Member States that wanted it. However, since all EU Member States except Poland, Spain and Croatia participate (and Croatia may possibly join at a later stage), it is as a practical matter virtually identical in scope and effect to an EU right, such as the EU Trademark. The prosecution is carried out by the EPO, as is the case for traditional European patents (see above). Within one month after grant, the applicant can decide to have its European patent converted into a Unitary Patent. The patent holder does not need to validate it at a national level anymore and also does not have to pay renewal fees at a national level anymore but rather will has to pay a single renewal fee to the EPO.
