European Patent with Unitary Effect – the so-called Unitary Patent

European Patent with Unitary Effect – the so-called Unitary Patent

A European patent with unitary effect (commonly known as the Unitary Patent) is an innovative tool for protecting inventions, available since 1 June 2023. It enables inventors to obtain uniform patent protection across a group of European Union member states that have joined the Unitary Patent and Unified Patent Court (UPC) system – at the moment 18 EU countries are in the system.

What is a European Patent and How Does It Differ from a Unitary Patent?

• A European patent is an exclusive right granted by the European Patent Office (EPO). After grant, it must be validated in selected countries, becoming a bundle of independent national patents.
• A European patent with unitary effect (Unitary Patent) is a new form of patent protection, where a single European patent is automatically and uniformly protected in all participating states, without the need for separate validation in each country

Note: There is no such thing as an “EU patent” or “European Union patent”. Both the classic European patent and the Unitary Patent cover only specific countries and do not automatically apply throughout the entire EU.

By contrast, EU-wide registration at the EUIPO (a completely different office than the EPO!) is available for trademarks and designs.

How to Obtain Unitary Effect for a European Patent?

• First, you must obtain a European patent from the EPO.
• Within 1 month of publication of the grant in the European Patent Bulletin, you must file a request for unitary effect with the EPO.
• The request must be filed in writing and in the language of proceedings before the EPO (English, German, or French).
• Currently, there is no official fee for filing a request for unitary effect.

The request may be filed, on behalf of the patent owner, by a European patent attorney. Our Polish patent law firm in Poznań has European patent attorneys on its team, represents clients before the EPO, and files requests for unitary effect of European patents.

Translation Requirements

During a transitional period (at least 6 years from the system’s start), the request for unitary effect must be accompanied by a full translation of the patent:

• If the language of proceedings was English: translation into any official EU language (e.g., Polish).
• If the language of proceedings was German or French: translation into English.

Renewal Fees for Maintaining a Unitary Patent

Annual renewal fees for a Unitary Patent are paid directly to the EPO and cover all countries participating in the unitary effect system.

Example annual fees:

• Year 2: €35
• Year 5: €315
• Year 10: €1,175
• Year 15: €2,830
• Year 20: €4,885

These fees are lower than the combined costs of validation and maintenance of classic European patents in multiple countries. If a license is granted, fees may be reduced by 15%.

Territorial Scope – In Which Countries is the Unitary Patent Valid?

As of July 2025, the Unitary Patent covers 18 EU member states that have ratified the Unified Patent Court Agreement:

• Austria
• Belgium
• Bulgaria
• Denmark
• Estonia
• Finland
• France
• Germany
• Italy
• Latvia
• Lithuania
• Luxembourg
• Malta
• Netherlands
• Portugal
• Romania (joined the system on 1 September 2024)
• Slovenia
• Sweden

To obtain protection in other countries (e.g., Poland, Spain, Croatia), classic European patent validation is required.

Advantages and Disadvantages of the Unitary Patent

Advantages:

• Simplified procedure: one application, one translation, one annual renewal fee.
• Uniform protection in many countries without separate validation.
• Lower maintenance costs compared to the sum of national fees in 18 states.
• Fast and unified enforcement before the Unified Patent Court (UPC).

Disadvantages:

• Protection extends to all participating countries, including those of less business relevance, potentially increasing costs.
• Centralization risk: revocation by the UPC results in loss of protection in all covered countries.
• High litigation costs before the UPC – €11,000 for infringement actions, €20,000 for revocation actions, excluding attorney and translation fees.
• The system does not cover all EU states – for example, Poland, Spain, and Croatia remain outside the Unitary Patent system.

Litigation and Revocation of a Unitary Patent

All disputes concerning infringement or revocation of a Unitary Patent are resolved by the Unified Patent Court (UPC), with divisions in several EU countries (main seat: Paris; branches in Munich and Milan).

A UPC judgment is effective in all countries covered by the unitary effect.

Litigation costs are high – the court fee for infringement actions is €11,000, for revocation actions €20,000, and total costs (including attorneys, translations, travel) can reach several tens of thousands of euros.

Summary

The European patent with unitary effect is a breakthrough in invention protection in Europe, offering streamlined procedures and lower costs with broad territorial coverage. However, the decision to choose this route should be based on a careful analysis of benefits and risks, especially considering UPC litigation costs and the inclusion of less relevant markets.

Our patent law firm in Poznań, Poland provides comprehensive support in obtaining a European patent and preparing and filing a request for unitary effect. Contact us to protect your innovations in Europe safely and effectively!