Unitary Patent System (Unitary Patent)
The Unitary Patent (UP) is a system that allows a European patent, after grant, to provide single and indivisible protection across all participating EU Member States. The system entered into force on 1 June 2023.
Under the traditional European patent system, a patent proprietor must validate the patent separately in each designated country and comply with national requirements such as translations and fees. By contrast, a Unitary Patent provides uniform effect throughout all participating states based on a single request. A Unitary Patent may only be limited, transferred, revoked, or declared invalid as a whole for all participating territories.
A request for unitary effect must be filed with the EPO within one month of the grant of the European patent.
Legal Basis
The Unitary Patent system is based on the following legal instruments:
- EU Regulation 1257/2012 — Creation of unitary patent protection
- EU Regulation 1260/2012 — Translation arrangements for the Unitary Patent
- Agreement on a Unified Patent Court (UPCA)
Comparison with a Traditional European Patent
| Feature | Traditional European Patent | Unitary Patent |
|---|---|---|
| Territorial scope | Separate national patents in selected countries | Single patent covering all participating states |
| Validation | Required separately in each country | Single request for all participating countries |
| Translation requirements | Subject to national requirements | One full translation during the transitional period; no translations thereafter |
| Renewal fees | Separate fees payable in each country | Single payment to the EPO (equivalent to the combined fees of the four most validated countries) |
| Jurisdiction | National courts | Unified Patent Court (UPC) |
| Assignment / Licensing | Possible on a country-by-country basis | Only as a whole for all participating countries |
Translation Requirements
During the transitional period, a full translation must accompany the request for unitary effect:
- If the patent is granted in English → a translation into any official language of an EU Member State
- If the patent is granted in German or French → a translation into English
Once the transitional period ends, the requirement is expected to be abolished following the implementation of a high-quality machine translation system.
Renewal Fees
A single renewal fee is payable to the EPO for a Unitary Patent. The fee level was set to correspond approximately to the combined national renewal fees of the four most frequently validated European patent jurisdictions (Germany, France, the Netherlands, and the United Kingdom).
Considering the current territorial coverage of 18 countries, the Unitary Patent can provide substantial cost savings compared with maintaining separate national validations.
Territorial Scope of a Unitary Patent
A Unitary Patent covers the territories of all participating Member States in which the UPCA is in force on the date unitary effect is registered. This territorial scope remains fixed throughout the life of the patent.
Countries joining the system later do not expand the territorial scope of previously registered Unitary Patents.
- First-generation Unitary Patents (1 June 2023 – 31 August 2024): coverage of 17 countries
- Second-generation Unitary Patents (from 1 September 2024): coverage of 18 countries (including Romania)
Unified Patent Court (UPC)
The Unified Patent Court (UPC) is an international court established alongside the Unitary Patent system. It has common jurisdiction over both Unitary Patents and traditional European patents within participating Member States.
UPC Structure
The Court of First Instance consists of three types of divisions.
Central Division
| Division | Subject Matter | IPC Classes |
|---|---|---|
| 🇫🇷 Paris | Physics, electronics, computing, paper, textiles | B, D, E, G, H |
| 🇩🇪 Munich | Mechanical engineering | F |
| 🇮🇹 Milan | Chemistry, life sciences, pharmaceuticals | A, C |
Local Divisions
| Division | Country |
|---|---|
| 🇦🇹 Vienna | Austria |
| 🇧🇪 Brussels | Belgium |
| 🇩🇰 Copenhagen | Denmark |
| 🇫🇮 Helsinki | Finland |
| 🇫🇷 Paris | France |
| 🇩🇪 Düsseldorf, Hamburg, Mannheim, Munich | Germany (4 local divisions) |
| 🇭🇺 Budapest | Hungary |
| 🇮🇹 Milan | Italy |
| 🇳🇱 The Hague | Netherlands |
| 🇵🇹 Lisbon | Portugal |
| 🇸🇮 Ljubljana | Slovenia |
Regional Division
| Division | Participating Countries |
|---|---|
| 🇸🇪 Stockholm (Nordic-Baltic) | Sweden, Lithuania, Latvia, Estonia |
Court of Appeal: 🇱🇺 Luxembourg
Judicial Composition
| Division Type | Judicial Composition |
|---|---|
| Local / Regional | 3 legally qualified judges (optional 1 technically qualified judge) |
| Central | 2 legally qualified judges + 1 technically qualified judge |
| Court of Appeal | 3 legally qualified judges + 2 technically qualified judges |
UPC Jurisdiction
The UPC has exclusive jurisdiction over:
- Patent infringement actions concerning Unitary Patents and European patents
- Revocation actions and counterclaims
- Provisional and protective measures
- Damages claims
Opt-Out and Transitional Period
During the transitional period (1 June 2023 – 1 June 2030, extendable up to 14 years), proprietors of traditional European patents may opt out of UPC jurisdiction.
Important rules include:
- Opt-out must be filed separately for each European patent
- Country-by-country selection is not possible — all UPC territories are covered
- Withdrawal of an opt-out (opt-in) may only be made once
- Opt-out is unavailable once UPC proceedings have commenced
- Unitary Patents cannot be opted out
Participating Countries — 18 Countries
Only EU Member States that have ratified the UPCA may participate in the Unitary Patent system. Non-EU EPC member states (e.g., Switzerland, Norway, the United Kingdom, and Türkiye) cannot participate.
The system currently covers approximately 80% of EU GDP.
| # | Country | UPCA Entry into Force | UPC Local Division |
|---|---|---|---|
| 1 | 🇩🇪 Germany | 01.06.2023 | Düsseldorf, Hamburg, Mannheim, Munich |
| 2 | 🇦🇹 Austria | 01.06.2023 | Vienna |
| 3 | 🇧🇪 Belgium | 01.06.2023 | Brussels |
| 4 | 🇧🇬 Bulgaria | 01.06.2023 | — |
| 5 | 🇩🇰 Denmark | 01.06.2023 | Copenhagen |
| 6 | 🇪🇪 Estonia | 01.06.2023 | Nordic-Baltic (Stockholm) |
| 7 | 🇫🇮 Finland | 01.06.2023 | Helsinki |
| 8 | 🇫🇷 France | 01.06.2023 | Paris |
| 9 | 🇳🇱 Netherlands | 01.06.2023 | The Hague |
| 10 | 🇸🇪 Sweden | 01.06.2023 | Nordic-Baltic (Stockholm) |
| 11 | 🇮🇹 Italy | 01.06.2023 | Milan |
| 12 | 🇱🇻 Latvia | 01.06.2023 | Nordic-Baltic (Stockholm) |
| 13 | 🇱🇹 Lithuania | 01.06.2023 | Nordic-Baltic (Stockholm) |
| 14 | 🇱🇺 Luxembourg | 01.06.2023 | — |
| 15 | 🇲🇹 Malta | 01.06.2023 | — |
| 16 | 🇵🇹 Portugal | 01.06.2023 | Lisbon |
| 17 | 🇸🇮 Slovenia | 01.06.2023 | Ljubljana |
| 18 | 🇷🇴 Romania | 01.09.2024 | — |
EU Member States Not Yet Participating
UPCA Signatories That Have Not Yet Ratified (6)
| Country | Status |
|---|---|
| 🇨🇾 Cyprus | Ratification process ongoing |
| 🇨🇿 Czech Republic | Ratification remains under consideration |
| 🇬🇷 Greece | Ratification process ongoing |
| 🇭🇺 Hungary | Ratification remains uncertain; UPC local division established in Budapest |
| 🇮🇪 Ireland | National referendum required before ratification |
| 🇸🇰 Slovakia | Ratification process ongoing |
Countries That Have Not Signed the UPCA (3)
| Country | Status |
|---|---|
| 🇪🇸 Spain | Not participating |
| 🇭🇷 Croatia | Not participating |
| 🇵🇱 Poland | Not participating |
Note: As additional countries join the system, the territorial coverage of future Unitary Patents will expand accordingly. The long-term objective is participation by all EU Member States (currently 27).
Related list: European Patent Convention (EPC) Member States
Sources: EPO — Unitary Patent · Unified Patent Court · EPO Member States · Unitary Patent Info
Last updated: March 2026