Category : UPC Competence and Opt-Out

How to select the European Patent with the unitary effect (Unitary Patent)

Unitary Patent a unique protection for 17 states in Europe

With the recent ratification of Austria, the European Patent with unitary effect (“Unitary Patent”) will be introduced soon.



The present system of European (EP) patents granted by the European Patent Office, has the drawback that the same patent, validated in several states, may lead to several parallel disputes in these jurisdictions.

The Unified Patent package creates a unitary effect for European patents all over the  states that have ratified the Unified Patent Court Agreement (UPCA – to be found here). That is to say, the same EP patent will have the same effects in all the states that ratified the UPCA and where said patent has been validated.

It also creates a single court (the Unified Patent Court – UPC) having jurisdiction for such European patents with unitary effect.


The impact of Article 83 UPCA on the applicable law ?

What is the impact of opting out (or bringing a case to a national court during the transitional period) under Article 83 of the Unified Patent Court Agreement (UPCA) on the applicable law for European patents without unitary effect ?

National courts should apply the national law and not the UPCA, says the Preparatory Committee.

1 2