The Unitary Patent is a new type of European patent, which currently covers 18 participating EU Member States - see here.
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 it covers many EU Member States, it is as a practical matter similar in scope and effect to an EU right, such as the EU Trademark, but with some territorial limitations (see below).
Examination is carried out as usual by the EPO. Within one month after grant by the EPO, the applicant can elect to have its European patent have “Unitary Effect”. This means that the European patent has one “validation” for those EU states participating. The patent holder does not need to validate it at a national level anymore in those countries and also does not have to pay renewal fees at a national level anymore but rather has to pay a single renewal fee to the EPO. For other countries, the patent holder may validate grant in the usual way, to end up with a Unitary Patent plus the traditional bundle of European patents.
The territories covered by one Unitary Patent will not necessarily be the same as those covered by another Unitary patent, as the territories covered are those that were participating as of the date of grant. For example, Romania became a UPC contracting state on 1 September 2024. Any Unitary Patents with a date of grant before this date will not have Unitary Effect in Romania: those with a date of grant on or after 1 September 2024 will.
Cyprus, Czech Republic, Greece, Hungary, Ireland and Slovakia have not yet ratified the UPC Agreement, so Unitary Patents do not yet extend to these EU countries. Poland, Spain and Croatia have decided not to participate with the UPCA and so it is unlikely that Unitary Patents will extend to these EU countries, unless there is a change of mind.
The status of Unitary Patents can be reviewed on the EPO register, where there is a separate “UP” entry if there is a European patent (for an example, see EP4465766).
