The Unitary Patent

Informations & guidance

The Unitary Patent – what’s it all about?

The Unitary Patent makes it possible to obtain uniform protection in the participating EU member states on the basis of a European patent granted by the European Patent Office. It complements the classic European bundle patent and gives patent proprietors an additional strategic option.

But when is a Unitary Patent the right choice? Which cost aspects should be considered? What impact can it have on existing or future patent-related agreements? And what role do German patents play in relation to the Unified Patent Court?

In the following articles, you will find an overview of key practical and legal aspects of the Unitary Patent. This information does not, of course, replace an individual legal assessment. If you have any further questions, we would be happy to advise you personally!

The Unitary Patent

What you need to know!

Unitary Patent: costs

The costs of a Unitary Patent and a classic European patent are identical from filing to grant. However, depending on the number of desired countries in which the granted patent is to be maintained, the costs may differ substantially between a Unitary Patent and a bundle of corresponding validated national patents. So the question is, at what point is a Unitary Patent more favorable than a classic European patent?

The Unitary Patent in contractual practice

A topic that does not immediately come to mind in relation to the Unitary Patent System is whether the introduction of the Unitary Patent is to be taken into account in the context of negotiating patent-related contracts. This includes classical license agreements as well as R&D agreements, consortium agreements and other agreements comprising provisions on the creation or use of patents.

German patents in the light of the UPC

In addition to the European patent with unitary effect (Unitary Patent), which also develops protection in Germany, the existence of a national German property right remains, which will presumably play an even more important, flanking role in the future. According to the previous regulation of the IntPatÜG concerning the European bundle patent, if the subject matter of a German patent …

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