The unitary patent system is an extension of the European patent system, which entered into force on 1 June 2023. Already before, there was a centralized application and examination procedure before the European Patent Office. With the Unitary Patent (UP) and the Unified Patent Court (UPC), the new system includes two additional components for strengthening patent protection in Europe.
European unitary patents make it possible to obtain protection in up to 24 EU member states (future) with a single application. This makes patent protection administratively simpler and, in the case of a larger geographical scope, also more cost-effective.
The Unified Patent Court is a new international court established jointly by the participating EU member states. After expiry of the transitional provisions, the Unified Patent Court will have exclusive competence for civil disputes relating to European patents (conventional or new unitary patents) and applications therefor which fall under the jurisdiction of these states. The new international court is intended to avoid costly parallel litigation before several national courts and to increase legal certainty.
The legal basis for the unitary patent system is formed by the Agreement on a Unified Patent Court (UPC) as well as by a number of further decrees.
As a leading IP law firm in Switzerland, RENTSCH PARTNER AG is able to perform all procedural acts concerning the Unitary Patent for you. Furthermore, several of our patent attorneys are authorized to represent before the Unified Patent Court.