The Unitary Patent (UP) system will allow applicants to get uniform patent protection in up to 25 EU Member States by submitting a single request to the European Patent Office (EPO) after publishing of the granted European patent and is now intended to start on 1 June 2023.
The UP system is linked to the creation of the Unified Patent Court (UPC), which will have jurisdiction over Unitary Patents and “classic” European patents. In order to allow future users to prepare themselves for the new system, the EPO has decided to introduce two transitional measures which will be made available ahead of the entry into force of the Unitary Patent system, as of 1 January 2023.
When the UP system enters into force, the Unitary Patents will cover the member states which have already deposited their instrument of ratification. Up to the moment, the 17 member states which will participate in the Unitary Patent when it starts are Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, and Sweden. Read more