III. Unitary Patents: the concept
20A Unitary Patent is a "European patent with unitary effect", which means a European patent granted by the EPO under the rules and procedures of the EPC to which, after grant, unitary effect is attributed for the territory of the participating Member States at its proprietor's request.
21The Unitary Patent system builds on the EPC. This means that the pre-grant phase is exactly the same as for European patents. Applicants file a European patent application seeking the grant of a European patent for some or all of the EPC contracting states with the EPO. It examines their application in accordance with the EPC and, if all formal and substantive requirements for patentability are met, grants a European patent.
22The EPO has been entrusted by the participating Member States with certain administrative tasks relating to Unitary Patents, in particular the administration of requests for a Unitary Patent (requests for unitary effect). Accordingly, once a European patent has been granted, a separate, post-grant procedure can be initiated at the EPO with a view to obtaining a Unitary Patent (see point 52 onwards). This procedure is less complex and significantly cheaper than the existing system of national validation and so offers an attractive new alternative for proprietors of European patents.