A "unitary patent" or "European patent with unitary effect" (UP) will be a patent offering uniform protection within the territory of at least 13 of the 25 participating Member States of the European Union: Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Germany, Denmark, Estonia, Greece, Finland, France, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden, UK. 

Applicants will not need to apply separately for a UP – any patent applied for, examined and granted by the EPO will have the possibility of benefiting from unitary protection at the request of the patentee. 

 

A combination of a UP together with a classical EP in one or more EPC contracting states (such as Spain, Turkey, Norway) will be available, but no double protection at a UP and EP level will be possible.

 

In order to give full effect to the UP regulation, there is additional legislation regarding language and the setup of a single and specialised European court with patent jurisdiction - the "Unified Patent Court".

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