Articles
UPC and EP Validation
UPC and EP Validation
Introduction
A Unitary Patent is a European patent granted by the EPO that provides uniform protection across 17 participating EU countries. It ensures consistent rights and legal remedies in all member states that have ratified the Unified Patent Court Agreement, simplifying patent protection across the EU.
UP Participating Countries
Currently covers 17 EU Member States:
- Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy
- Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovenia, Sweden
Why Was the UP Introduced?
- Before the Unitary Patent, protection was via national or European patents.
- The EPO handled European patents centrally, cutting costs and ensuring quality.
- Patents could be validated in non-EPC countries with agreements.
- Extension/validation is withdrawn if fees aren’t paid on time.
- Late payment is only possible within a two-month grace period.
Traditional EP Validation
- EP granted centrally by the EPO
- Must be validated separately in each designated country
- May involve translation, national fees, and legal representation
EP Extension and Validation
- EP can be extended/validated in non-EPC countries with agreements
- Request is automatic upon filing but withdrawn if fees aren’t paid on time
- No late payment possible unless within a two-month grace period
Difference Between UP and EP
|
Feature |
Unitary Patent (UP) |
Traditional EP with National Validations |
|
Geographic Coverage |
17 EU Member States participating in the UP system |
Up to 39 EPO member states (including non-UP countries) |
|
Renewal Fees |
Single annual fee to the EPO |
Multiple national renewal fees |
|
Jurisdiction |
Unified Patent Court (UPC) |
Respective national courts |
|
Administrative Complexity |
Simple, centralized management via EPO |
Complex, varies by country |
|
Translation/Validation |
No additional translations or validations required post-grant |
Validation and translation often required |
|
Flexibility |
Less flexible—only for UP countries |
More flexible—choose specific countries |
|
Combination Option |
Can be combined with national validations in non-UP countries |
Not applicable |
What is Opting Out?
- Opt-out excludes patents from UPC jurisdiction
- Prevents third-party actions in UPC
- Must be done proactively before UPC action is brought
- Can opt back in once, but not out again
Way Forward
Unitary Patents simplify the post-grant process by eliminating the need for complex and costly national validations. Managed centrally by the EPO, they allow for straightforward registration without additional filing or examination fees. In contrast, traditional European patents must be individually validated and maintained in each country, leading to significant costs due to varying national requirements, translation obligations, and legal fees.
