Efforts Toward a Unified European Patent System
Since the 1970s, there have been attempts to replace individual European country patents with a unified patent covering participating countries. Currently, there is a partially unified process. One application in one language is filed. However, patent protection must still be sought separately in each individual country.
By 2012, the European Council and European Parliament agreed on EU regulations that would make a unitary patent possible. However, objections among various EU members slowed progress. Nevertheless, the process is now underway again.
The European Unitary Patent and Unified Patent Court
A European Unitary Patent will be a single right covering all participating EU member states. In addition, a Unified Patent Court would have jurisdiction over litigation involving those patents in participating member states.
Ratification Status of the UPC Agreement
Germany recently passed legislation opening the door to ratifying the Unitary Patent Court (UPC) Agreement. However, Germany will not ratify before the main agreement is approved. Specifically, the main agreement is the Protocol on the Provisional Application of the UPCA.
This protocol requires approval by all 13 states. Currently, twelve states have ratified. Therefore, the remaining ratification is expected in autumn of this year.
Benefits of the Unitary Patent System
A unitary patent could provide a more streamlined way to obtain broader protection. Additionally, single renewal fees will be much cheaper for inventors.
Map of Participating European Countries
Effect on Existing European Patent Rights
Patent rights obtained in individual European countries before the UPCA takes effect will remain restricted to national borders. Therefore, they will not automatically become European unitary patents.
For more information on filing for patent protection in foreign countries, see our Foreign Filing section on the Patent FAQ page.