The process of applying for a Unitary Patent (UP) under the European Patent System involves multiple steps:

1. File a European Patent Application

  • Submission: The applicant must first file a European patent application at the European Patent Office (EPO). This application can be submitted online, by post, or in person at the EPO headquarters.
  • Requirements: The application must include:
    • A request for the grant of a European patent.
    • A description of the invention.
    • Claims defining the scope of the protection sought.
    • Drawings (if applicable).
    • An abstract summarizing the invention.
  • Languages: The application must be filed in one of the EPO’s official languages: English, French, or German. If filed in another language, a translation must be provided.

2. Examination and Grant of the European Patent

  • Formal Examination: The EPO checks whether the application meets formal requirements, such as correct documentation and payment of fees.
  • Search Report: The EPO conducts a prior art search and issues a European search report with an initial opinion on the patentability of the invention.
  • Substantive Examination: Upon the applicant’s request, the EPO examines the invention for novelty, inventive step, and industrial applicability.
  • Grant Decision: If the requirements are met, the EPO issues a decision to grant the patent. The grant is published in the European Patent Bulletin.

3. Request for Unitary Effect

  • Timing: After the European patent is granted, the applicant has one month from the publication date in the European Patent Bulletin to request unitary effect.
  • Requirements:
    • Submit the request for unitary effect to the EPO.
    • Provide a full-text translation of the European patent:
      • Into English, if the patent was granted in French or German.
      • Into any other EU official language, if the patent was granted in English.
  • Validation: The EPO reviews the request and ensures compliance with formalities. If approved, the patent becomes a Unitary Patent with uniform protection in all participating EU Member States.

4. Renewal Fees

  • Centralized Payment: Renewal fees for the Unitary Patent are paid annually to the EPO, simplifying the process compared to maintaining a bundle of national patents.
  • Fee Structure: The fees are harmonized and generally lower than maintaining multiple national patents.

5. Optional National Validation

  • For countries not participating in the Unitary Patent system (e.g., Spain, Croatia, or other non-EU countries), the applicant can validate the European patent separately in those jurisdictions.

6. Post-Grant Administration

  • Licenses and Transfers: The Unitary Patent can be licensed or transferred, but this applies uniformly across all participating countries.
  • Enforcement: Disputes related to the Unitary Patent are handled by the Unified Patent Court (UPC), which provides a centralized judicial system.

By following these steps, applicants benefit from a simplified and cost-effective patent system, ensuring broader protection across participating EU Member States with fewer administrative hurdles.