The EU unitary patent system comprises a European patent with unitary effect and the Unified Patent Court for the participating EU member states.

The EU unitary patent system is based on three legal acts:

• a Regulation creating a European patent with unitary effect (pdf);
• a Regulation establishing a language regime applicable to the unitary patent (pdf);
• an Agreement on a Unified Patent Court (pdf).

The agreement came into effect on 1 June 2023. Seventeen countries, including Germany and France, have ratified it so far. Since the commencement date, it has been possible to apply for European patents with unitary effect.

The European Patent Office (EPO) examines and grants the unitary patent as a standard European Patent (EP). But after it is granted, patentees can request unitary effect for the territory of the participating EU states. The unitary patent offers uniform protection and equal effect in all 25 participating EU member states (with the exception of Spain and Croatia). This means, for example, that the individual patents may only be limited or revoked for all these countries simultaneously. The EPO is responsible for administering the unitary patent. The unitary patent is optional and is available as a supplement to national patents and to the EP.

With effect from 1 June 2023, the Unified Patent Court has sole jurisdiction for any disputes arising in relation to unitary patents in the 25 participating EU states (with the exception of Spain, Croatia and Poland) and in relation to EPs granted since that date. It comprises a Court of First Instance and a Court of Appeal. The Court of First Instance is composed of a central division and several local and regional divisions in the contracting member states. Patent owners are entitled to opt out of the jurisdiction of the Unified Patent Court for any EP filed or granted during the seven-year transitional period currently under way.

• You only have to file one application to be granted unitary patent protection in 17–25 EU states (unitary patent).
• You save money as you don't have to pay for validation in the participating EU contracting states (e.g. the costs of national recognition procedures and in many cases the costs of translations).
• The standardised legal system ensures uniform jurisdiction in the contracting EU states, provides legal certainty and makes it possible to initiate proceedings cost-effectively against unitary patents and against EPs granted since 1 June 2023.

On the basis of a decision by the European Court of Justice, Switzerland and all other member states of the European Patent Organisation that are not members of the EU may not elect the jurisdiction of the Unified Patent Court. This means that EPs that are valid in Switzerland will continue to be subject to the jurisdiction of the Swiss Federal Patent Court. Holders of an EP or a Swiss patent can therefore refer any disputes to a competent specialised court that is able to make quick decisions and follows attractive procedural rules (e.g. proceedings can be conducted in English).