The ‘European patent with unitary effect’ (also known as the Unitary Patent) and the associated Unified Patent Court (UPC) is effectively a ‘European Union patent’ much in the same way EU trade marks and EU registered designs exist now.
Together, they introduce a new way to protect and enforce patents across participating EU member states through a single court system. For businesses, this creates real opportunities to simplify protection and enforcement, but it also introduces new risks that need to be actively managed.
What is the Unitary Patent?
A Unitary Patent is a European patent that, once granted, can take effect as a single right across participating* EU member states. Instead of validating and maintaining the patent separately in each participating country, the patent is managed centrally.
This can offer efficiencies in administration and cost, particularly for businesses seeking broad geographic protection. However, Unitary Patents are indivisible in that they stand or fall as a whole. That means a single successful revocation action can remove protection across all participating countries at once.
Choosing between a Unitary Patent and traditional European patent validations is a strategic decision. We help clients weigh the benefits against the risks, based on where they trade, where competitors operate, and how critical the technology is to the business.
* As of 1 April 2026, 18 European states are contracting parties to the UPC Agreement: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovenia, and Sweden. In addition, six member states have signed, but have not yet ratified, the UPC Agreement: Cyprus, Czech Republic, Greece, Hungary, Ireland, and Slovakia.
Opting out of European patents
During the transitional period (i.e., until at least 1 June 2030), owners of existing European patents or published applications can opt out of the UPC’s jurisdiction. If a patent is opted out, infringement and validity disputes must be dealt with by national courts rather than the UPC.
Opting out can be attractive where:
- a patent is business-critical and the risk of central revocation is unacceptable;
- a national enforcement strategy is already in place;
- certainty and risk control are prioritised over procedural efficiency.
Once a UPC action has started, opting out is no longer possible. That is why portfolio reviews and early decision-making are essential. We work with clients to assess which patents to opt out, which to leave in, and how to future-proof those decisions.
Infringement and revocation proceedings
UPC proceedings are designed to be streamlined and front-loaded, with limited scope for delay.
While each case is different, proceedings typically include:
- a written phase, where the parties set out their full case early;
- an interim phase, dealing with procedural and evidential issues;
- an oral hearing, usually followed by a relatively quick decision.
Infringement and revocation can be dealt with together or separately, depending on the circumstances. This procedural structure means preparation and early strategy are critical. We help clients understand the timetable, manage risk, and align litigation tactics with commercial priorities.
UPC proceedings can be more cost-effective than running parallel actions in multiple national courts, but they are not low-cost. Costs include:
- court fees, which vary depending on the type and value of the action;
- legal and technical representation costs;
- potential exposure to adverse costs if a case is unsuccessful.
Because a single UPC action can have pan-European effect, the financial and commercial stakes are often higher. We provide early cost visibility and pragmatic advice so clients can make informed decisions about whether, when and how to litigate.