Unitary Patent system

Since 1 June 2023, inventors and companies can protect an invention in most EU countries with a single patent and defend it before a single court. The unitary patent system makes patent protection in Europe simpler and considerably cheaper.

Two pillars

How to obtain a unitary patent

The application process is the same as for a classic European patent at the European Patent Office. Once the European patent is granted, the owner can request unitary effect within one month of the grant being published. The unitary patent can be combined with classic European or national patents for countries outside the system.

Lower costs

Renewal fees for a unitary patent equal the sum of the national renewal fees in Germany, France, the Netherlands and the United Kingdom. According to the European Commission, this keeps costs over the first ten years below EUR 5,000, compared with around EUR 30,000 for protection in the same countries under the classic system.

Translation requirements are also limited. During a transitional period, a translation into one additional language is required, and SMEs, research organisations and certain other applicants filing in an official EU language other than English, French or German can receive compensation for translation costs.

The Unified Patent Court

The court has a Court of First Instance, with a central division and local and regional divisions in the participating countries, and a Court of Appeal in Luxembourg. During a transitional period, owners of classic European patents can opt out of the court’s jurisdiction and keep using national courts.

Who is in, who is not

• Spain and Croatia did not join the enhanced cooperation on which the unitary patent is based.
• Poland has not signed the Agreement on the Unified Patent Court.
• Other EU countries can join once they ratify the Agreement. The Council keeps an up-to-date list of ratifications.

Uptake so far

By February 2025, the European Patent Office had registered more than 48,000 unitary patents, and more than 700 cases had been brought before the Unified Patent Court, according to the European Commission. The EPO also reported strong interest from SMEs in the first year.