The applicant must first receive a European patent to obtain a unitary patent. One must file an EP under the existing European patent application procedure. Moreover, EPO must process it the way it currently does. All application and examination procedures will remain unchanged.

The difference will be that after granting the patent application, it will be possible to request a unitary effect covering all participating EU member states.

2. Differences in the procedure to gain a UP and an EP

The unitary patent system enables patent protection in 18 EU member states by submitting a single request to the European Patent Office (EPO).

The unitary patent will be another option regarding the current national validations after granting a European patent application. One must file a request for a unitary patent within one month after the publication of the required grant.

There will be no official fee for the request.

After being issued a grant, the applicant will choose either a unitary patent or national validations. They have to do it within three months after publication of the mention of the grant filed under the present system. But for unitary patent they have to do it within one month after publication of the mention of the grant.

Also, they will carry out traditional EP validations for EPC countries that are not participating in the unitary patent system.

3. Applying for UP – comparison

The first unitary patents will cover only those participating member states that have ratified the UPCA when one requests a unitary patent.

There will be no extension of UP to other member states which may ratify the ‘UPC Agreement’ after the registration of a UP.

Even after the new system enters into force, it may be necessary to validate EPs. That applies to those member states participating in enhanced cooperation but which have not yet ratified the ‘UPC Agreement.’

Countries that have signed but not yet ratified the UPC Agreement: Czech Republic, Ireland, Greece, Cyprus, Hungary, and Slovakia.