Editing Unitary patent (section)

{{Short description|Type of patent in the European Union}}
{{About|the unitary patent in the European Union|the unitary patent in Switzerland and Liechtenstein|Unitary patent (Switzerland and Liechtenstein)}}
{{Use British English|date=May 2013}}
{{Use dmy dates|date=May 2020}}
{|class="wikitable" width=340px style="float:right"
|+ European patent with unitary effect
|[[File:Unitary patent participants.svg|340px]]
|- 
| style="border:none"|{{legend|#0088cc|EU members participating in the unitary patent regulation which have also ratified the [[Agreement on a Unified Patent Court|UPC Agreement]]<br />''<small>(unitary patents cover these states)</small>''}}
|- 
| style="border:none"|<hr>{{legend|#FFFF00|EU members participating in the unitary patent regulation which have not ratified the UPC Agreement<br />''<small>(unitary patents do not yet apply to these states)</small>''}}
|- 
| style="border:none"|<hr>{{legend|#ff6666|EU members neither participating in the unitary patent regulation nor in the UPC Agreement<br /><small>''(eligible for participation in the future)''</small>}}
|- 
| style="border:none"|<hr>{{legend|#4B0082|Other [[European Patent Convention]] parties<br />''<small>(no participation possible)</small>''}}
|}
{{European patent law}}
The '''European patent with unitary effect''', also known as the '''unitary patent''', is a [[European patent]] which benefits from unitary effect in the participating [[member states of the European Union]].{{refn|States only participate in the unitary patent after they ratify the [[Agreement on a Unified Patent Court|UPC Agreement]] and participate in the enhanced cooperation regarding the unitary patent. All EU member states participated, except Spain and Croatia.|group=notes}} Unitary effect means the patent has a common legal status throughout all the participating states, eliminating scenarios in which a patent may be invalidated by courts in one participating member state yet upheld by courts in another. Unitary effect may be requested by the proprietor within one month of grant of a European patent, replacing validation of the European patent in the individual countries concerned. Infringement and revocation proceedings are conducted before the [[Unified Patent Court]] (UPC), which decisions have a uniform effect for the unitary patent in the participating member states as a whole rather than in each country individually. The unitary patent may be only limited, transferred or revoked, or lapse, in respect of all the participating Member States.<ref>Regulation (EU) No 1257/2012, Art. 3(2), second paragraph.</ref> Licensing is however possible for part of the unitary territory.<ref>Regulation (EU) No 1257/2012, Art. 3(2), third paragraph.</ref> The unitary patent may coexist with nationally enforceable patents ("classical" patents) in the non-participating states. The unitary patent's stated aims are to make access to the patent system "easier, less costly and legally secure within the European Union" and "the creation of uniform patent protection throughout the Union".<ref name="32012R1257"/>

European patents are granted in English, French, or German and the unitary effect will not require further translations after a transition period.{{refn|There is a transition period of maximum 12 years from 1 June 2023 during which one translation must be filed, either into English if the application is in French or German, or into any EU official language if the application was in English.|group=notes}} The maintenance fees of the unitary patents are lower than the sum of the renewal fees for national patents of the corresponding area, being equivalent to the combined maintenance fees of Germany, France, the UK and the Netherlands (although the UK is no longer participating following Brexit).

The negotiations which resulted in the unitary patent can be traced back to various initiatives dating to the 1970s. At different times, the project, or very similar projects, have been referred to as the "European Union patent" (the name used in the EU treaties, which serve as the legal basis for EU competency), "EU patent", "Community patent", "European Community Patent", "EC patent"<ref>See for instance: European Patent Office (EPO) web site, [http://www.epo.org/topics/news/2009/20091208.html ''EU Council agrees on next steps regarding the Community patent (EU patent)''] {{Webarchive|url=https://web.archive.org/web/20101227055218/http://www.epo.org/topics/news/2009/20091208.html|date=27 December 2010}}, News, 8 December 2009. Consulted on 13 December 2009</ref> and "COMPAT".<ref name="Stakeholders debate">European Commission, Internal Market, [http://ec.europa.eu/internal_market/smn/smn42/docs/patents_en.pdf ''Stakeholders debate future policy on patents''] {{Webarchive|url=https://web.archive.org/web/20130526194105/http://ec.europa.eu/internal_market/smn/smn42/docs/patents_en.pdf|date=26 May 2013}}, Single Market News, Nr. 42, July 2006</ref>

On 17 December 2012, agreement was reached between the [[European Council]] and [[European Parliament]] on the two EU regulations{{refn|Regulation 1257/2012 and Regulation 1260/2012|group=notes}} that made the unitary patent possible through [[Enhanced cooperation#Unitary patent|enhanced cooperation]] at EU level. The legality of the two regulations was challenged by Spain and Italy, but all their claims were rejected by the [[European Court of Justice]].<ref name="case1+2">{{cite web |date=16 April 2013 |title=Spain & Italy v Council: Case C-274/11 (Joined Cases C-274/11, C-295/11) |url=http://curia.europa.eu/juris/liste.jsf?num=C-274/11&language=en |publisher=[[Court of Justice of the European Union]]}}</ref><ref name="case3">{{cite web |date=5 May 2015 |title=JUDGMENT OF THE COURT (Grand Chamber) in Case C‑146/13 |url=http://curia.europa.eu/juris/document/document.jsf?text=&docid=164092&doclang=EN |publisher=[[Court of Justice of the European Union]]}}</ref><ref name="case4">{{cite web |date=5 May 2015 |title=JUDGMENT OF THE COURT (Grand Chamber) in Case C‑147/13 |url=http://curia.europa.eu/juris/document/document.jsf?text=&docid=164093&doclang=EN |publisher=[[Court of Justice of the European Union]]}}</ref> Italy subsequently joined the unitary patent regulation in September 2015,<ref name="italy" /> so that all EU member states except [[Spain]] and [[Croatia]] now participate in the enhanced cooperation for a unitary patent. Unitary effect of newly granted European patents will be available from the date when the related [[Agreement on a Unified Patent Court|Unified Patent Court Agreement]] enters into force for those EU countries that have also ratified the UPC,{{refn|As of June 2022, 16 EU countries have ratified the UPC: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovenia, Sweden |group=notes|name="UPC entry into force"}} and will extend to those participating member states for which the UPC Agreement enters into force at the time of registration of the unitary patent. Previously granted unitary patents will not automatically get their unitary effect extended to the territory of participating states which ratify the UPC agreement at a later date.

The unitary patent system applies since 1 June 2023, the date of entry into force of the UPC Agreement.<ref>{{Cite web |last=Office |first=European Patent |title=When will Unitary Patents be available? |url=https://www.epo.org/law-practice/unitary/unitary-patent/start.html |access-date=2022-02-21 |website=www.epo.org |language=en |archive-date=21 February 2022 |archive-url=https://web.archive.org/web/20220221182036/https://www.epo.org/law-practice/unitary/unitary-patent/start.html |url-status=dead }}</ref>