Unitary Patent System enters into force on June 1, 2023

The biggest change to patent law in Europe will start on June 1, 2023, introducing the unitary patent system, as s single approach to patent registration and protection across more than 24 European member states (currently 17 unitary patent states). Simultaneously with the unitary patent system, the unified patent court will start its operation on the aforementioned date, as a centralized forum for the litigation of European patents, including the unitary patents and classic European patents.

Initially, the European Patent Office (EPO) will start granting unitary patents providing uniform patent protection in all participating member states. This will pave the way for applicants who wish to obtain protection in multiple European countries, as the unitary patents’ maintenance and formalities fees will be lower than the equivalent costs for individual national patents.

Europe’s innovators now have two separate issues to consider. The first is whether to protect new inventions in Europe with a unitary patent, or to continue using the regular EPC system. The second is whether to let the Unified Patent Court rule on challenges to their granted patents, or to opt them out and fight any challenges at the national level. 

For any further information, please contact AGIP Europe office at europe@agip.com