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ARTICLE · 27 FEBRUARY 2023

What is the Unitary Patent?

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It is now possible to obtain a single European patent with unitary effect (Unitary Patent), for multiple countries.

AustraliaIntellectual Property
Serena White
Serena White
Charles Tansey
Charles Tansey
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Currently, when a European patent application is granted, it essentially becomes a "bundle" of individual national patents; one in each state in which the patentee chooses to have it validated. Each national patent derived from the European application gives its proprietor the same rights as would be conferred by a national patent filed directly at that Patent Office. Litigation takes place on a national basis. Different outcomes in relation to validity and infringement are possible in each jurisdiction.

However, from 1 June 2023, it will be possible to obtain a single European patent with unitary effect (a so-called "Unitary Patent"), covering multiple countries. Patent applications will still be examined by the European Patent Office (EPO) in accordance with the European Patent Convention (EPC) and opposition after grant will continue to be available in the same way as it is now; however, it will be possible to request unitary effect for patents which are granted

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