What are the benefits of the Unitary Patent?
The Unitary Patent simplifies and reduces the costs of patent protection in Europe by providing businesses with a more efficient alternative to the existing European patent system. Previously, inventors had to validate and maintain their European patents individually in each country where protection was sought, leading to complexities and costs for translations, validation and administration. The Unitary Patent system eliminates these complexities by allowing patent proprietors to register a single Unitary Patent and obtain protection in all 18 participating EU Member States through a simple and free procedure provided by the EPO as a one-stop shop. Renewal fees are consolidated and paid centrally to the EPO in euros, significantly lowering administrative burdens and costs.
The renewal fee level is very attractive and ‑business friendly as it is set at a level equivalent to the combined renewal fees of the top four countries among the participating Member States, i.e. those where conventional European patents were most often validated at the time the fee level was adopted. The total fees for the first ten years ‒ which is the average lifetime of a patent ‒ amount to less than EUR 5 000. Moreover, patent proprietors who file a statement on a licence of right with the EPO can obtain a 15% reduction on the renewal fees. Taking into account not only the renewal fees but also the costs associated with the validation and maintenance of a conventional European patent, a Unitary Patent is significantly less expensive than a European patent validated and maintained in four countries. Consequently, the more countries a conventional European patent would have been validated in, the more cost-effective a Unitary Patent is.
The Unitary Patent offers uniform territorial protection and consistent legal rights across participating Member States, making it particularly advantageous for small and medium-sized enterprises (SMEs) and organisations with limited resources. Uniform protection means that the scope of the right conferred by a Unitary Patent and its limitations, as well as the available remedies, are the same for all the participating Member States. A compensation scheme further reduces translation costs for SMEs and similar entities. Additionally, a centralised system for registering transfers, licences and other rights simplifies management and lowers associated costs.
The Unified Patent Court complements the Unitary Patent by centralising litigation, reducing the need for costly and complex multi-forum disputes, and fostering legal consistency. Overall, the Unitary Patent provides a cost-effective, streamlined solution for obtaining and managing patents in Europe.