Since June 1, 2023, the European unitary patent has become a reality. After decades of negotiations, Europe now has a system to protect inventions across multiple member states.
It all began in 1973 with the creation of the European patent under the European Patent Convention (EPC). This system allows for centralized granting by the European Patent Office (EPO) but requires subsequent national validation in each designated country.
The idea of a single patent for the entire EU has been around for a long time but has faced obstacles, particularly linguistic and legal challenges. To overcome these barriers, some member states opted for enhanced cooperation, leading to the establishment of the Unified Patent Court (UPC) and the Unitary Patent.
It took 50 years to see the emergence of the unitary patent, which now enables uniform protection in 18 countries upon EPO grant, eliminating the need for multiple national validations.
This reform marks a major step forward for businesses, simplifying the protection of their innovations internationally. However, it also raises strategic questions:
- What impact will it have on patent litigation?
- Should companies opt for the unitary patent or national validations?
The unitary patent is a key opportunity, but it requires adaptation to the new system. Our experts are here to help you navigate these changes and define the best protection strategy for your innovations.
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