The European Unitary Patent System

Information & guidance

UPC – what is it all about?

The European Unitary Patent and, in connection with it, the Unified Patent Court (UPC) are expected to become reality at the beginning of 2023. With a largely new system for the protection and enforcement of patents in Europe, the harmonization of the patent system in Europe will be further advanced. For the first time, patent protection in Europe will be possible on a cross-border basis, and the jurisdiction for patent matters will also be completely redesigned.
In the following, we provide you with a first guideline in the form of various articles and overviews, with which you can prepare yourself for the introduction of the unitary patent. Of course, this information is no substitute for legal advice and does not claim to be exhaustive. We will therefore be happy to answer any questions you may have in this context in person!

UPC – who is involved?

The European Union has a total of 27 member states.

Currently, 17 EU member states have committed themselves to participate in the European Unitary Patent as well as the European Patent Court from the beginning:

Austria (AT), Belgium (BE), Bulgaria (BG), Germany (DE), Denmark (DK), Estonia (EE), Finland (FI), France (FR), Italy (IT), Latvia (LT), Luxembourg (LU), Latvia (LV), Malta (MT), the Netherlands (NL), Portugal (PT), Sweden (SE) and Slovenia (SI).

It is expected that in the future another 10 EU Member States will participate in the UPC:

Cyprus (CY), Czech Republic (CZ), Spain (ES), Greece (GR), Croatia (HR), Hungary (HU), Ireland (IE), Poland (PL), Romania (RO), and Slovakia (SK).

States in Europe participating in the EPC but not in the UPC:

Albania (AL), Switzerland (CH), United Kingdom (GB), Iceland (IS), Monaco (MC), Macedonia (MK), Norway (NO), Serbia (RS), San Marino (SM) and Turkey (TR).

Non-member states, with which validation agreements or extension agreements are in force:

Morocco (MA), Tunisia (TN), Moldova (MD), Bosnia and Herzegovina (BA), Montenegro (ME) and Cambodia (KH).

Everything you need to know!

The European Unitary Patent

The roadmap to the unitary patent system

When will the new system enter into force? What steps are still necessary beforehand? You can find answers here.

The Unified Patent Court

Structure and functioning, competences, procedure, costs and reimbursement of costs – all details can be found here!

The Unitary Patent

What has to be taken into account when introducing the unitary patent in the context of drafting patent-related contracts? Does the German patent still have its justification? Learn more here!

Opt out

With the “opt out”, a transitional period has been provided within the framework of the new unitary patent system. What to consider and what options you have as a patent proprietor, read here!

Recommended actions

What should be considered when introducing the unitary patent in the context of drafting patent-related contracts? Does the German patent still have its justification? Learn more here!