A. General
IV.The Unitary Patent: an additional option enhancing the European patent system
32The aim of the reform of the European patent system through the creation of Unitary Patent protection is to offer businesses a simpler alternative to the existing system and introduce a more cost-effective route to patent protection and dispute resolution.
33A Unitary Patent offers an additional option for patent protection in Europe, available alongside the two existing options, namely the national route or a conventional European patent.
34Those preferring to seek protection in individual EPC contracting states can still file patent applications with those states' national patent offices, and it also remains possible to validate a European patent in one or more EPC contracting states.
35Moreover, a Unitary Patent can be combined with a conventional European patent: it is possible to have a Unitary Patent and, in addition, validate the European patent in those EPC contracting states whose territories are not covered by the Unitary Patent system because they are not EU Member States or they are EU Member States but are not participating in enhanced cooperation on Unitary Patent protection or they are EU Member States that are participating in enhanced cooperation but have not yet ratified or acceded to the UPCA.
36It is not possible to obtain "double" protection for an invention by a European patent under the national validation route and by a Unitary Patent. Where the unitary effect of a European patent has been registered and extends to a participating Member State, the European patent will be deemed not to have taken effect as a national patent in its territory on the date of publication of the mention of the grant in the European Patent Bulletin.