Each patent case is individual and different.
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To begin with, a UP is a single patent with a unitary effect for the territory of up to twenty-four participating European Union (EU) member states. Without unification, it would stay like a bundle of national patents in the form of the ‘Classic European Patent.’
On the other hand, there may be situations when your UP faces limitation, transfer, revocation, or lapse. In these cases, they apply only in respect of all participating member states.
The first unitary patents will cover at least seventeen countries.
There are no validation procedures or costs.
The first UPs will cover those participating member states that ratified the UPCA at the time of UP request. Even after the ‘UP System’ enters into force, validating EPs for those member states participating in enhanced cooperation may be necessary. However, it applies if these states did not ratify the ‘UPC Agreement’ yet.
They also have to validate EPs for EPC countries that are not participating in the ‘UP System,’ along with EPC-contracting countries which are not members of the EU. As the UK is not a part of the ‘UP System,’ it will be even less attractive to patent proprietors.
One will have to file a request for a UP within a short time, i.e., within one month of the grant’s publication date.
There are no translation costs or any requirements after the transition period.
There may be lower translation costs and requirements during the transition period.
You will have to file a translation along with the unitary patent request during the transition period. It will be an English-language translation of the full specification if you have a patent grant in either French or German. Those granted in English will also need a full translation into any of the EU languages.
You will have to pay the renewal fee for unitary patents to the EPO and not to each validated country. It will consist of only one fee, procedure, currency, and deadline.
The unitary patent renewal fee will be the same as the official fees of four member states: DE, FR, GB, & NL. The unitary patent will be a more effective and less expensive way to obtain patent protection for an invention. It applies if the applicant seeks protection in at least four participating European Union member states.
For patent owners who are interested in validating their European patents in a small number of countries, the unitary patent will not be the right choice.
It will not be possible to select countries in which a patent is allowed to lapse or in which a patent valid could be kept, and in such way which will make it possible to reduce renewal costs.
A unitary patent may have a license for all or some member states.
A unitary patent may be revoked under a single action for all participating states before the ‘Unified Patent Court’. It will not be possible to opt out of the UPC for unitary patents.
Overall, applying for a Unitary Patent will have its pros and cons. If you have trouble choosing, do not hesitate to contact us.