{"id":15173,"date":"2025-08-21T12:46:37","date_gmt":"2025-08-21T12:46:37","guid":{"rendered":"https:\/\/pruefer.eu\/?page_id=15173"},"modified":"2025-09-24T12:04:04","modified_gmt":"2025-09-24T12:04:04","slug":"upc","status":"publish","type":"page","link":"https:\/\/pruefer.eu\/en\/relevant-information-for-applicants\/upc\/","title":{"rendered":"Relevant information for applicants"},"content":{"rendered":"\n\n\n\n
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Relevant information about the Unified Patent Court (UPC) for applicants<\/h1>\n
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The unitary patent simplifies the previous system by making it possible to obtain patent protection in currently 18 EU member states (ultimately in up to 24 EU member states) with a single application.<\/p>\n

This means a significant reduction in administrative effort and complexity compared to the traditional European patent, which must be validated and maintained in the individual contracting states of the EPC after it has been granted.<\/p>\n<\/div>\n \n\n <\/div>\n \n \n <\/div>\n<\/section>\n\n\n\n\n\n\n

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Unitary Patent Court (UPC): Jurisdiction and significance for applicants<\/h2>\n

An important component of the unitary patent system is the creation of the Unified Patent Court. This new court is responsible for disputes concerning the infringement and validity of unitary patents. For holders of a unitary patent, this means that they only have to turn to a centralized court system instead of several national courts to enforce their rights.<\/p>\n

On the other hand, the unitary patent can also be declared invalid for all participating member states by means of a central attack before the Unified Patent Court (if successful).<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n \n<\/section>\n\n\n\n\n\n\n<\/polygon><\/svg>
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Applying for a unitary patent: Information on filing an application with the EPO<\/h2>\n
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  • The unitary patent is filed<\/strong> with the EPO, just like the classic European patent<\/li>\n
  • Examined and granted<\/strong> under the European Patent Convention (EPC)<\/li>\n
  • After grant:<\/strong> choice between a classic European patent also valid in the participating EU member states or a unitary patent<\/li>\n
  • Additional option of whether to grant a European patent in the other<\/strong> EPC contracting states (e.g. Switzerland, Norway, Turkey, etc.)<\/li>\n
  • Additional option to choose whether to include further<\/strong> countries such as Myanmar, Morocco, etc.<\/li>\n<\/ul>\n

    Special feature: uniform rules of court procedure<\/strong> in all participating countries!<\/p>\n <\/div>\n <\/div>\n

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    Unitary patent costs, cost advantages, and transitional provisions at a glance<\/h2>\n

    One of the main incentives for using the unitary patent system is the reduced costs:<\/p>\n

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    • Translation costs are lower because, once a unitary patent has been granted, full translations for the countries concerned are not required<\/li>\n<\/ul>\n
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      • The annual fees are also consolidated into a single annual fee per year, which means long-term cost savings compared to the individual fees in each participating member state. This is an important economic reason for applicants, which is gladly accepted<\/li>\n<\/ul>\n

        Transitional provisions:<\/strong> During a transitional period expected to last until mid-2030, applicants can choose whether they prefer a classic European patent or a unitary patent. This choice offers flexibility and enables individual strategic planning.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n \n<\/section>\n\n\n\n\n\n\n<\/polygon><\/svg>
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        Strategic considerations for applicants: Opportunities and risks of the unitary patent<\/h2>\n
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        Opt-out option:<\/strong><\/p>\n

        During the above-mentioned transition period, it will be possible to opt out of the jurisdiction of the Unified Patent Court for existing and new European patents. This may be a strategic decision, for example to protect oneself against central nullity actions.<\/p>\n

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        • Opt-out requests must be submitted to the UPC<\/strong><\/li>\n
        • UPC is then not competent<\/strong> for this patent (only national courts are competent).<\/li>\n
        • No court fee<\/strong> for application<\/li>\n
        • Opt-in<\/strong> possible again (1x)<\/li>\n
        • For the opt-out to be effective, no proceedings<\/strong> may be pending before the UPC!<\/li>\n<\/ul>\n <\/div>\n <\/div>\n
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          Geographical coverage:<\/strong><\/p>\n

          Applicants should carefully examine the geographical coverage of the unitary patent and decide whether they want to limit their protection to the participating EU member states or whether they need additional protection in Europe, which is easily possible by validating the patent in the other EPC contracting states as before.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n \n<\/section>\n<\/polygon><\/svg>","protected":false},"excerpt":{"rendered":"","protected":false},"author":12,"featured_media":0,"parent":15168,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"class_list":["post-15173","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nRelevant information for applicants - Pr\u00fcfer & Partner<\/title>\n\n\n\n\n\n\n\n\n\n\n\t\n