Scope

The Unitary Patent system covers all patentable inventions.

Relevance

Although a Unitary Patent will not grant patent protection in EEA countries, Norwegian inventors can register a patent with unitary effects through EPO. A Unitary Patent can be said to be a double-edged sword: Although it limits the administrative burden for patent owners by making it possible to invoke patent infringement for a single court, the patent owner also runs the risk of having his patent revoked through a single decision. In the latter circumstance, the revocation of the patent will be effective in all participating EU member states, whereas a patent without unitary effects would have to be revoked in all individual countries where the patent is registered.

Key takeaways

On 1 June 2023 the Unitary Patent System was successfully launched. The Unitary Patent is a legal title, granted by the EPO, that provides uniform patent protection across the EU member states that have ratified the Agreement on a Unified Patent Court. The Unified Patent Court offers a common patent jurisdiction (both Unitary Patents and European patents) for the participating member states. A Unitary Patent does not confer patent rights in the EEA/EFTA States.