By your side
before the UPC

The unitary patent (more precisely: "European patent with unitary effect") is a patent with uniform effect in all EU countries participating in the unitary patent system. However, it is not valid in all countries of the EU.

Currently 18 EU member states participate: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Romania, Slovenia, Sweden and Portugal. Non-EU countries such as the UK, Switzerland or Turkey are not included, but a "mixed approach" allows additional national validation in those states.

The unitary patent can only be obtained by filing a conventional European patent application. Only after grant of the European patent is it decided whether unitary effect should be requested.

It can save patent costs in many cases because translation requirements are eliminated and the renewal fee is collected centrally by the European Patent Office after grant.

It can only be transferred or renewed as a single unit, which prevents "pruning" of individual countries. As a unitary right, it can also be challenged centrally via a single revocation action at the UPC over its entire term.

No. The unitary patent is part of the European patent system. The path starts with a European patent application at the EPO; after grant, a request for unitary effect can be filed in addition to classic national validation in non-participating states.

For the 18 participating EU member states, unitary effect can be requested within one month of grant. For the European patent to retain its effect in other states, it must be validated nationally within three months. Selective national validation in fewer than four participating states may be a reasonable cost alternative.

Only an English translation is required if the patent is in German, or a translation into another official EU language if the patent is in English. For most international prosecution strategies these translations already exist from PCT nationalisations, so additional costs are usually limited.

For all European patents granted on or after 1 June 2023 – including pending European patent applications.

The Unified Patent Court (UPC) is an independent court created to decide on the infringement and validity of unitary patents as well as classic European "bundle patents". Its decisions are recognised in all participating countries. Multinational panels of legally and technically qualified judges aim to deliver a first-instance decision within one year of filing.

The UPC is decentralised, with a central division (seats in Paris and Munich) and several local and regional divisions across member states. The local division for Austria is in Vienna; the Court of Appeal sits in Luxembourg.

Cross-national disputes used to be settled in national courts, with potentially differing outcomes. The UPC ends this "patchwork" by providing fast, efficient proceedings valid across all participating member states, with internationally qualified judicial panels delivering high-quality decisions and long-term legal harmonisation.

Costs of UPC proceedings will generally be significantly higher than Austrian proceedings – but in return decisions are valid in 18 EU member states.

Mainly actions for infringement and revocation of a unitary patent (also possible after an EPO opposition). Other actions include declarations of non-infringement and injunctions against alleged infringers.

It depends on the type of action, the parties involved, where the cause of action occurred and the subject matter. For infringement actions the residence of the defendant is generally decisive; the central division is competent for revocation actions.

The language in which the unitary patent was granted (German, English or French) is the language before the central division. Local and regional divisions generally use one of the official languages of their member state.

Yes – representation before the UPC is mandatory and requires appropriate qualifications. SONN attorneys are qualified to act as representatives before the UPC from the very beginning.

In principle yes – national parts of classic EP bundle patents in participating states fall under UPC jurisdiction. However, an opt-out is possible (jointly by all proprietors, covering all national parts) as long as no action has been filed. The opt-out can be withdrawn as long as no action has been brought before a national court.

No – opt-out is only possible if the European patent has been validated nationally in the conventional manner.