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ARTICLE · 31 AUGUST 2022

What Is A Unitary Patent (UP)?

Maucher Jenkins
Maucher Jenkins
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It is a single patent granted by the European Patent Office (EPO) covering all European Union (EU) states that have ratified the relevant agreement at the date of grant of the patent.

European UnionIntellectual Property
Maucher Jenkins
Maucher Jenkins

It is a single patent granted by the European Patent Office (EPO) covering all European Union (EU) states that have ratified the relevant agreement at the date of grant of the patent. It is enforceable and revocable as a whole across all the participating states by a new Unified Patent Court (UPC). It is (for the foreseeable future) only open for EU states to participate, so it is like an EU patent that exists alongside other patents in which the European Patent is granted (such as the UK, Switzerland, Norway and Turkey) and other EPO states that are not EU states. It can also exist alongside patents granted by the EPO and validated in EU states that are not participating, such as Spain and Poland.

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