The Foundation: The European Patent (The Classical Route)
The conventional route to patent protection across multiple territories involves the European Patent.
The process begins with the European route, where a patent can be obtained for all European Patent Convention (EPC) contracting states by filing a single application with the European Patent Office (EPO). This application must be filed in one of the three official languages of the EPO (English, French, or German), and requires payment of a single set of fees.
However, the application, although international in character, is governed by national laws in each territory. The key characteristic of the traditional system is revealed after the patent is granted:
- The «Bundle» of Patents: A granted European patent constitutes a “bundle” of national patents.
- National Validation Requirement: To be effective, this «bundle» of national patents must be validated at the national IP offices of the specific countries that the applicant has selected.
The Innovation: The Unitary Patent (The Unified Route)
The Unitary Patent represents an effort to streamline post-grant procedures across numerous EU Member States.
- Definition and Effect: The Unitary Patent is a European patent granted by the EPO that is given a unitary effect. This unitary effect is requested by the patentee after the European patent has been granted.
- Simplified Enforcement: The core purpose of the Unitary Patent is to eliminate the need for national validation in participating countries. It is expected to provide applicants with a means of obtaining patent rights simultaneously in the participating member states.
- Basis in Law: The Unitary Patent is based on the same rules used for the classical European patent granted by the EPO under the rules of the European Patent Convention (EPC).
- Scope (Current and Expected): The unitary effect applies to the territory of the current 18 participating EU Member States. Although not yet ratified by all member states at the time of writing, the unitary patent is expected to provide unified patent rights in 25 participating member states (it should be noted that Spain and Croatia are not currently involved in this scheme).
Comparative Summary: CEP vs. UP
| Feature |
Classical European Patent (CEP) |
Unitary Patent (UP) |
| Foundation |
EPO grant under EPC rules. |
EPO grant under EPC rules, followed by a request for unitary effect. |
| Post-Grant Status |
Becomes a “bundle” of national patents. |
Unitary effect across participating EU Member States. |
| Key Requirement |
Requires validation at the national IP offices of each selected contracting state to be effective. |
Does not require national validation in the participating member states. |
| Territorial Scope |
Covers all European Patent Convention (EPC) contracting states chosen for validation. |
Currently covers 18 participating EU Member States (expected to cover 25, excluding Spain and Croatia). |
Choosing the Right Strategy
Patent applicants at the EPO are able to choose between various combinations of the classical European patent and the unitary patent.
This means an applicant can tailor their coverage by combining the two routes:
- A unitary patent for the EU Member States participating in the scheme, together with;
- A classical European patent taking effect in one or more EPC contracting states which do not participate in the unitary patent scheme, such as Turkey, Switzerland, Norway, Iceland, or Spain.
In summary, the patent process is complex, demanding a high degree of technical and legal expertise. Small and medium-sized enterprises (SMEs) companies often lack the time, resources, or knowledge to address IP matters effectively. Therefore, to ensure your innovations are protected correctly, it is strongly advised to seek professional assistance when navigating these procedures.
