Unitary Patent

The Unitary Patent is a patent that provides protection across 18 European Union countries in a single step.

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What is a unitary patent?

 The Unitary Patent is a patent that provides protection across 18 European Union countries in a single step. It offers a more cost-effective way to obtain patent protection in Europe. From around five countries onwards, choosing a Unitary Patent is generally the more attractive option from an investment perspective. 

In which countries does it offer protection?

 The Unitary Patent provides protection across 18 European Union countries. Not all 27 EU Member States participate. For example, Poland and Spain are not part of the system. The United Kingdom also does not participate in the Unitary Patent. 

  • Belgium
  • Bulgaria
  • Denmark
  • Estonia
  • France
  • Germany
  • Italy
  • Latvia
  • Lithuania
  • Luxembourg
  • Malta
  • The Nederlands
  • Austria
  • Portugal
  • Slovenia
  • Finland
  • Sweden
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Why a unitary patent?

Cost savings

From around five countries onwards, choosing a Unitary Patent is generally the more attractive option from an investment perspective.

Simpler administration

One central renewal fee covering 18 countries, instead of separate payments in each country.

Unified Patent Court

The Unified Patent Court (UPC) allows you to enforce your patent across multiple countries in a single procedure, leading to lower costs, more consistent decisions, and faster resolution.

Stronger negotiating position

A Unitary Patent adds weight in licensing discussions and when working with partners.

How the unitary patent works

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One system, maximum efficiency 


The annual renewal fee is based on the combined fees of the four most frequently chosen validation countries, meaning the break-even point is reached relatively quickly. In addition, translation requirements are limited to a maximum of one additional translation, instead of multiple per country. If you are seeking protection in more than four European countries, the Unitary Patent is often the most efficient choice. 

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Frequently Asked Questions

Does a Unitary Patent provide worldwide protection?


No. A Unitary Patent provides protection only within the participating EU countries that are part of the system. For EU countries that do not participate, and for countries outside Europe, protection must still be obtained on a country-by-country basis through a classical European patent or national applications. 

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Can I switch later between a classical European patent and a Unitary Patent?

You make this choice only once, immediately after your European patent is granted. At that point, you can opt for a Unitary Patent or for validation in individual countries.

After that, you cannot switch. It is therefore important to carefully consider where you need protection, both now and in the future.

What happens if a Unitary Patent is revoked? Does that apply to all countries at once?

Yes. A Unitary Patent is a single right covering all participating countries. If it is revoked, protection is lost in all those countries at once.

This is efficient, but also something to consider. With a classical European patent, revocation is handled on a country-by-country basis, which spreads the risk.

How does enforcement work in practice? How fast and effective is the UPC?


The Unified Patent Court is designed to make proceedings faster and more consistent. In practice, cases are often concluded within about a year.

In addition, a single decision has effect across multiple countries. This makes enforcement not only faster, but also more powerful and strategically attractive.

How does enforcement work in practice? How fast and effective is the UPC?

The Unified Patent Court is designed to make proceedings faster and more consistent. In practice, cases are often concluded within about a year.

In addition, a single decision has effect across multiple countries. This makes enforcement not only faster, but also more powerful and strategically attractive.

Is a Unitary Patent a separate patent application?

No. You first apply for a European patent through the European Patent Office. After grant, you can choose to convert it into a Unitary Patent.

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George Seezink

European Patent Attorney | Partner | UPC Representative

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Tim van Beelen

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Luc Smeets

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A Unitary Patent gives you an additional option after grant. Whether it is the right choice depends on your situation and where you need protection.We are happy to help you assess what works best for your patent portfolio. Contact us to discuss your options.

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