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Possible reasons why you might want a Unitary Patent

A cost-effective solution to filing as widely as possible across Europe

A Unitary Patent provides more affordable protection for those looking to protect their invention across as much of Europe as possible. The Unitary Patent will cover at least 17 EU countries and ultimately 24 countries when all have ratified. The cost of validating the European Patent as a Unitary Patent will be significantly lower than validating the European Patent in a large number of countries in the traditional way, because only a single translation will be required. Additionally, the renewal fees for a Unitary Patent will be equivalent to the total cost of renewal fees in the UK, Germany, France and the Netherlands. The need to pay only a single renewal fee also reduces the administrative burden (compared with paying renewal fees to each of the national offices).

Increased flexibility and reduced complexity in cross border enforcement

Stopping some types of cross border activity can be complex using nationally validated European Patents and is often only possible in the court of one of the countries involved. Examples of such activity include processes where a first step of a process claim is conducted in a first country, and a second step is performed in a second country, and systems where different components of a system claim are sited in different countries. The single jurisdiction of a Unitary Patent means that such cross-border activities within multiple participating member countries will be regarded as a single infringing act and a patentee will often have a choice of which Local/Regional Division of the UPC to bring an infringement action in.

The UPC has exclusive jurisdiction over Unitary Patents

For nationally validated European Patents, there is a risk that the possibility of bringing an action for infringement at the UPC will be excluded due to national proceedings having been commenced in a national court. No such risk exists for a Unitary Patent because only the UPC has jurisdiction.