How to obtain a Unitary Patent (UP)

05. Juni 2023 | UPC

The application process for UPs is exactly the same as for classical EP patents. At the time of grant of the EP patent, the applicant may request unitary protection in regard to UPC countries instead of classical validation in each UPC country separately.

The UP request needs to be accompanied by a translation of the patent into a second language. Annuity fees for the Unitary Patents are to be made to the EPO in an amount equaling the combined fees of the Top 4 most popular validation jurisdictions.

An intuitive understanding of the process

With respect to non-UPC EPC countries, the applicant could proceed in the classical manner by validating the patent in any further country of interest.

Jurisdiction for UPs is exclusively with the UPC. Jurisdiction for classical EP patents (with respect to UPC countries) will also be with the UPC. However, during a transitional period of 7 years, jurisdiction is also with the competent national courts, resulting in a dual jurisdiction.

Applicants may avoid jurisdiction of the UPC for classical EP patents by declaring “opt-out”.