Trademarks Trademarks
Trademarks
Design Design
Design
Patents Patents
Patents
Legal consultancy Legal consultancy
Legal consultancy
Contracts Contracts
Contracts
Copyright Copyright
Copyright
Disputes Disputes
Disputes
Services
Trademarks Trademarks
Trademarks
Design Design
Design
Patents Patents
Patents
Legal consultancy Legal consultancy
Legal consultancy
Contracts Contracts
Contracts
Copyright Copyright
Copyright
Disputes Disputes
Disputes
Services
What will be the procedure to gain a UP, compared to the procedure for getting an EP?

To be able to receive a unitary patent, the applicant must firstly be in receipt of a European patent. A European patent application must be filed and processed via the EPO and under the existing European patent application procedure in the same way as at present. 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 which covers all of the participating EU member states. The unitary patent system will make it possible to achieve patent protection in up to twenty-four EU member states by submitting a single request to the European Patent Office (EPO). The unitary patent will be another option when it comes to the national validations which are currently being carried out following the granting of a European patent application. A request for a unitary patent must be filed within one month after publication of the required grant. There will be no official fee for the request. It is not obligatory for a European patent application to become a unitary patent for those states which are participating states.

After being issued with a grant, the applicant will have the option either of choosing a unitary patent or the national validations within 3 months after publication of mention of grant which are filed under the present system. Also, traditional European patent validations will be carried out for EPC countries which are not participating in the unitary patent system, also to EPC contracting countries which are not members of EU. The first unitary patents will cover only those participating member states which have ratified the UPCA at the time at which a unitary patent is requested. There will be no extension of unitary patents to other member states which may ratify the ‘UPC Agreement’ after the registration of a unitary patent. Even after the unitary patent system enters into force, it may be necessary to validate European patents for those member states which are participating in enhanced cooperation but which have not yet ratified the ‘UPC Agreement’.

Each patent case is individual and different. Don’t know which way UP or EP to choose?
Contact us
It is not possible to convert any European patents which have previously or currently been granted into unitary patents.
Still un-ratified ‘UPC Agreement’ countries: Czech Republic, Germany, Ireland, Greece, Cyprus, Hungary, Romania, and Slovakia
Will will get in touch with you!

    Our website uses cookies in order to improve this website, to offer better and customised services. If you agree, press ‘Accept‘. We will not place cookies on your device if you do not agree. However, certain functions of the website may not function properly or may not function at all. Please see our Privacy policy for more information about personal data processing, cookies, data they collect and your rights.