When was the Unitary Patent system launched?
The Unitary Patent system was launched on 1 June 2023.
Specifically, the EU regulations establishing the Unitary Patent system (No 1257/2012 and No 1260/2012) took effect as of 1 June 2023, the date of entry into force of the Agreement on a Unified Patent Court (UPCA). By that date, 17 member states had ratified the UPCA, namely Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden.
Territorial scope of a Unitary Patent
A Unitary Patent covers the territories of those participating member states in which the UPCA has taken effect on the date of registration of unitary effect by the EPO.
On 31 May 2024, the government of Romania (RO) deposited its instrument of ratification of the UPCA with the Council of the European Union. The ratification will take effect on the first day of the fourth month after the deposit of the instrument of ratification, i.e. on 1 September 2024 (Article 89(2) UPCA). As of this date, the Unitary Patent system will comprise the above-mentioned 17 states (first generation of Unitary Patents), as well as Romania. This means that any Unitary Patent registered from 1 September 2024 onwards will cover the territory of 18 member states (second generation of Unitary Patents).
The coverage of a given generation of Unitary Patents stays the same for the entire lifetime of those patents, irrespective of any subsequent ratifications of the UPCA after the date of registration of unitary effect. In other words, there is no extension of the territorial coverage of Unitary Patents to other member states that ratify the UPC Agreement after registration of unitary effect by the EPO.
Additional member states are expected to ratify the UPCA in the years ahead. For the state of play regarding ratification, please see the website of the Council of the EU.
Delay of registration of unitary effect
To allow users to benefit from the extended territorial scope of the Unitary Patent (i.e. the second generation covering Romania), the EPO will accept requests for a delay of the registration of unitary effect (see notice from the EPO dated 5 June 2024, OJ EPO A61). A similar approach is likely to be followed prior to the accession of any other member states to the UPCA in the future.