To ensure that patentees obtain patent coverage that meets the business’ needs both geographically and economically, it is important to understand how the European Patent (38 EPC countries plus 2 extension and 4 validation states) and the Unitary Patent (only available to EU Member States) will interact.
Initially, Unitary Patents (UPs) will not cover all 24 participating EU Member States as only 17 EU Member States may have ratified the UPC Agreement when it enters into force. Outstanding ratifications are likely to take place successively, so there may be different generations of UPs with different territorial coverage. The coverage of a given generation of UP will stay the same for the entire lifetime, irrespective of any subsequent ratifications of the UPC Agreement after the date of registration of unitary effect.
Select from the list of countries below to understand what the patenting and enforcement options will be once the UPC goes live.
*Germany will ratify once preparations are complete and the UPC is ready for launch
**The Irish government has committed to a referendum on ratifying the UPC Agreement before May 2024.
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