Every patent requires an evaluation of this strategy because each case is individual and different scenarios will be needed. Clients should contact us when their EP is still in the application phase. The correct time to apply is before the grant of such an application. Under exceptional circumstances – after it has a very recent grant. That is because the validity period for the unitary effect is somewhat brief – only the length of a single month.

You will need to file a full translation alongside the request. If they grant a patent in French or German, it will be required an English-language translation of the full specification. Those granted in English will need a full translation into any language of the EU. However, one needs this translation for a transitional period of up to twelve years – for information purposes only; it does not have any legal effect.

Equal protection

A unitary patent provides uniform protection and equal effect in all participating member states.

Maintaining licensing choice

A unitary patent may be licensed with respect to some or all of the member states.

Unified payment

One renewal fee for unitary patents payable only to the EPO – not to each validated country.

We will evaluate the request and advise a client whether they should: (a) file a UP request; (b) validate their European patent in the ordinary way; or (c) use a mixed process (a unitary patent plus EP validations). Evaluation will depend upon which countries one chooses and whether it is acceptable that unitary patents always fall under the jurisdiction of the UPC.
To obtain a unitary patent, patent owners must request the unitary effect at the EPO within one month of the publication of the mention of the grant in the European Patent Bulletin – a non-extendable period. The request may be filed online, in person, or by postal services.

UP services UP Request

UP request

When to contact us

Deadline

Filing fee

Equal protection

Maintaining licensing choice

Unified payment

Have questions?

Fill out the form