Editing Unitary patent (section)

==Legal basis and implementation==
The implementation of the unitary patent is based on three legal instruments:<ref>{{cite web|url=http://www.epo.org/law-practice/legislative-initiatives/eu-patent.html|work=European Patent Office|title=Unitary patent / EU patent|date=16 May 2012|access-date=29 June 2012|archive-date=29 June 2012|archive-url=https://web.archive.org/web/20120629033743/http://www.epo.org/law-practice/legislative-initiatives/eu-patent.html|url-status=dead}}</ref>
* Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection;<ref name="32012R1257">{{CELEX|32012R1257|format=HTML|text=Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection}}</ref>
* Council Regulation (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements;<ref name="32012R1260">{{CELEX|32012R1260|text=Council Regulation (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements}}</ref>
* Agreement on a Unified Patent Court.<ref>{{CELEX|42013A0620(01)|text=Agreement on a Unified Patent Court}}</ref>

Thus the unitary patent is based on EU law as well as the European Patent Convention (EPC). {{EPC Article|142}} provides the legal basis for establishing a common system of patents for Parties to the EPC.<ref>{{EPC Article|142|1}} and its footnote 168:

:"The group of EU member states participating in enhanced cooperation in the area of the creation of unitary patent protection implemented that cooperation by Regulation (EU) No. 1257/2012 of the European Parliament and of the Council and Council Regulation No. 1260/2012 (OJ EPO 2013, 110, 111 and 132), thereby availing itself of the authorisation given in Article 142(1) and the provisions of Part IX of the EPC. The third component of the EU "patent package" is the Agreement on a Unified Patent Court (OJ EPO 2013, 286, 287)."</ref> Previously, only Liechtenstein and Switzerland had used this possibility to create a unified protection area (see [[Unitary patent (Switzerland and Liechtenstein)]]).<ref name="Swisstreaty"/>

===Regulations regarding the unitary patent===
{{Infobox EU legislation 
|type=Regulation
|title=1257/2012: Implementing enhanced cooperation in the area of the creation of unitary patent protection<br /> 1260/2012: Implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements
|number=1257/2012 & 1260/2012
|Enhancedcooperation=Yes
|Parties=All current EU members, except Spain and Croatia.
|madeby=[[European Parliament]] and [[Council of the European Union|Council]]
|madeunder=[[s:Consolidated version of the Treaty on the Functioning of the European Union/Title VII: Common Rules on Competition, Taxation and Approximation of Laws#Article 118|Article 118]] of the [[Treaty on the Functioning of the European Union|TFEU]], and <br />{{CELEX|32011D0167|text=Council Decision 2011/167/EU}}
|OJref=<small>L361, 31.12.2012, p.1-8, 89-92</small>
|OJrefurl=http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:361:TOC
|made=17 December 2012
|commenced=20 January 2013<ref>Regulation (EU) No 1257/2012, Art. 18.1.</ref>
|implementation=1 June 2023
|CommProp= 
|ESCOpin= 
|ParlOpin= 
|Reports= 
|replaces= 
|amends= 
|amendedby= 
|replacedby=
|status=Pending
}}
The first two regulations were approved by the [[European Parliament]] on 11 December 2012, with future application set for the 25 member states then participating in the [[Enhanced cooperation#Unitary patent|enhanced cooperation for a unitary patent]] (all then EU member states except Croatia, Italy and Spain).<ref name=EUPARL/><ref>{{cite web |url=http://euobserver.com/political/118490 |title='Historic day' as EU patent deal ends 40-year wait |last1=Fox |first1=Benjamin |date=12 December 2012 |publisher=EUobserver.com |access-date=14 December 2012}}</ref><ref name=Delay2July>{{cite news|title=Toch nog tegenslag voor Europees patent|work=[[nu.nl]]|url=http://www.nu.nl/economie/2849596/toch-nog-tegenslag-europees-patent.html|language=nl|date=2 July 2012|access-date=2 July 2012}}</ref><ref>{{cite web|url=http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2011/0093(COD)&l=en|work=Legal Observatory of the European Parliament|title=Enhanced cooperation in the area of the creation of unitary patent protection: implementation|access-date=30 June 2012}}</ref><ref>{{CELEX|52011PC0216|format=PDF|text=Enhanced cooperation in the area of the creation of unitary patent protection: implementation; translation arrangements}}</ref> The instruments were adopted as regulations EU 1257/2012<ref name="32012R1257"/> and 1260/2012<ref name="32012R1260">{{CELEX|32012R1260|text=Council Regulation (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements}}</ref> on 17 December 2012, and entered into force in January 2013. Following a request by its government,<ref name=italyrequest>{{cite web|work=Council of the European Union|url=http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=LD&DOC_ID=ST-10621-2015-INIT|title=Notification by Italy of its intention to participate in the enhanced cooperation in the area of the creation of unitary patent protection and in the enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements|access-date=10 July 2015|date=7 July 2015}}</ref> Italy became a participant of the unitary patent regulations in September 2015.<ref name="italy"/>

As of March 2022, neither of the two remaining non-participants in the unitary patent (Spain and Croatia) had requested the European Commission to participate.

Although formally the Regulations will apply to all 25 participating states from the moment the [[Agreement on a Unified Patent Court|UPC Agreement]] enters into force for the first group of ratifiers,{{refn|group=notes|name="UPC entry into force"}} the unitary effect of newly granted unitary patents will only extend to those of the 25 states where the UPC Agreement has entered into force, while patent coverage for other participating states without UPC Agreement ratification will be covered by a coexisting normal European patent in each of those states.<ref name="geographical extension">{{cite web|url=https://www.unified-patent-court.org/sites/default/files/enhanced-european-patent-system.pdf |archive-url=https://web.archive.org/web/20160609144239/https://www.unified-patent-court.org/sites/default/files/enhanced-european-patent-system.pdf |archive-date=2016-06-09 |url-status=live|title=An Enhanced European Patent System|publisher=Unified Patent Court|date=30 June 2014}}</ref>

The unitary effect of unitary patents means a single renewal fee, a single ownership, a single object of property, a single court (the [[Unified Patent Court]]) and uniform protection, which means that revocation as well as infringement proceedings are to be decided for the unitary patent as a whole rather than for each country individually. Licensing is however to remain possible for part of the unitary territory.<ref name="32012R1257"/>

=== Role of the European Patent Office ===
Some administrative tasks relating to the European patents with unitary effect are performed by the European Patent Office,<ref name="1257/2012-9.1"> Regulation (EU) No 1257/2012, Art. 9.1.</ref> as authorized by {{EPC Article|143|1}}. These tasks include the collection of [[renewal fees]] and registration of unitary effect upon grant, recording licenses and statements that licenses are available to any person.<ref name="1257/2012-9.1"/> Decisions of the European Patent Office regarding the unitary patent are open to appeal to the Unified Patent Court, rather than to the [[EPO Boards of Appeal]].{{refn|[[s:Agreement on a Unified Patent Court#Article 32 .E2.80.93 Competence of the Court|Article 32(1)i, Agreement on a Unified Patent Court]], implementing Article 9.3 of Regulation (EU) No 1257/2012.<ref name="32012R1257"/>}}

=== Translation requirements for the European patent with unitary effect ===
For a unitary patent, ultimately no translation will be required (except under certain circumstances in the event of a dispute<ref name="32012R1260"/>{{rp|recital (8) and Art. 4}}), which is expected to significantly reduce the cost for protection in the whole area. However, Regulation 1260/2012 provides that, during a transitional period of minimum six years and no more than twelve years, one translation needs to be provided.<ref name="32012R1260"/>{{rp|Art. 6}} Namely, a full translation of the European patent specification needs to be provided either into English if the language of the proceedings at the EPO was French or German, or into any other EU official language if the language of the proceedings at the EPO was English.<ref name="32012R1260"/>{{rp|Art. 6}} Such translation will have no legal effect and will be "for information purposes only”.<ref name="32012R1260"/>{{rp|6.2, second sentence}} In addition, [[machine translation]]s will be provided, which will be, in the words of the regulation, "for information purposes only and should not have any legal effect".<ref name="32012R1260"/>{{rp|recital (11)}}

==== Comparison with the current translation requirements for traditional bundle European patents ====
In several EPC contracting states, for the national part of a traditional bundle European patent (i.e., for a European patent without unitary effect), a translation has to be filed within a three-month time limit after the publication of grant in the [[European Patent Bulletin]] under {{EPC Article|65}},{{refn|{{EPC Article|2|2}} provides that "[t]he European patent shall, in each of the Contracting States for which it is granted, have the effect of and be subject to the same conditions as a national patent granted by that State, unless this Convention provides otherwise." The provision of Article 65 EPC may therefore be viewed as an exception to Article 2(2) EPC. See also [[London Agreement (2000)]].|group=notes}} otherwise the patent is considered never to have existed (void ab initio) in that state. For the 22 parties to the [[London Agreement (2000)|London Agreement]], this requirement has already been abolished or reduced (e.g. by dispensing with the requirement if the patent is available in English, and/or only requiring translation of the [[claim (patent)|claim]]s).<ref name="translation requirements for national EPs">{{cite web|url=http://www.epo.org/law-practice/legal-texts/html/natlaw/en/iv/index.htm|title=National law relating to EPC: IV. Translation requirements after grant|publisher=European Patent Office|access-date=1 August 2014|archive-date=19 April 2014|archive-url=https://web.archive.org/web/20140419144353/http://www.epo.org/law-practice/legal-texts/html/natlaw/en/iv/index.htm|url-status=dead}}</ref>

Translation requirements for the participating states in the enhanced cooperation for a unitary patent are shown below:
{| class="wikitable sortable"
|-
! Participating member State ('''bold: unitary patents apply''') !! Translation requirements for a European patent without unitary effect<ref name="translation requirements for national EPs"/>!! Translation requirements for a European patent with unitary effect
|-
| '''Belgium, France, Germany,''' Ireland, '''Luxembourg''' || None || rowspan="4" | During a transitional period of minimum 6 years and maximum 12 years: one translation, so that the unitary patent is available in English and at least another EU official language.<br /> After the transitional period: none.
|-
| '''Latvia, Lithuania''',<ref>{{cite web|url=http://www.epo.org/law-practice/legal-texts/html/natlaw/en/iv/lt.htm|title=National Law, Chapter IV: Lithuania. Translation requirements after grant|publisher=European Patent Office|date=28 January 2014|access-date=1 August 2014|archive-date=8 August 2014|archive-url=https://web.archive.org/web/20140808052149/http://www.epo.org/law-practice/legal-texts/html/natlaw/en/iv/lt.htm|url-status=dead}}</ref> '''Slovenia''' || Claims in the official language of the concerned State
|-
| '''Denmark, Finland,''' Hungary, '''Netherlands, Sweden''' || Description in English, claims in the official language of the concerned State
|-
| '''Austria, Bulgaria,''' Cyprus, Czech Republic, '''Estonia,''' Greece, '''Malta''', Poland, '''Portugal, Romania''', Slovakia || Translation of the complete patent in an official language of the concerned State
|}

=== Unitary patent as an object of property ===
Article 7 of Regulation 1257/2012 provides that, as an object of property, a European patent with unitary effect will be treated "in its entirety and in all participating Member States as a national patent of the participating Member State in which that patent has unitary effect and in which the applicant had her/his residence or principal place of business or, by default, had a place of business on the date of filing the application for the European patent."<ref name=Ullrich>Ullrich, Hanns, The Property Aspects of the European Patent with Unitary Effect: A National Perspective for a European Prospect? (15 April 2013). Published in: I. Govaere, D. Hanf (eds.): Scrutinizing Internal and External Dimensions of European Law, Les dimensions internes et externs du droit européen à l’épreuve – Liber Amicorum Paul Demaret, Brussels 2013, 481; Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 13-17 . Available at SSRN: http://ssrn.com/abstract=2347921</ref> When the applicant had no domicile in a participating Member State, [[German law]] will apply.<ref name=Ullrich/> Ullrich has the criticized the system, which is similar to the [[Community Trademark]] and the [[Community Design]], as being "in conflict with both the purpose of the creation of unitary patent protection and with primary EU law."<ref name=Ullrich/>

===Agreement on a Unified Patent Court===
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The Agreement on a Unified Patent Court provides the legal basis for the Unified Patent Court (UPC): a patent court for European patents (with and without unitary effect), with jurisdiction in those countries where the Agreement is in effect. In addition to regulations regarding the court structure, it also contains substantive provisions relating to the right to prevent use of an invention and allowed use by non-patent proprietors (e.g. for private non-commercial use), preliminary and permanent injunctions. Entry into force for the UPC took place after Germany deposited its instrument of ratification of the UPC Agreement, which triggered the countdown until the Agreement's entry into force on June 1, 2023.<ref name=":1">{{Cite web |title=Austria closes the loop – the Protocol on Provisional Application of the UPC Agreement has entered into force {{!}} Unified Patent Court |url=https://www.unified-patent-court.org/news/austria-closes-loop-protocol-provisional-application-upc-agreement-has-entered-force |access-date=2022-02-21 |website=www.unified-patent-court.org}}</ref>

====Parties====
The UPC Agreement was signed on 19 February 2013 by 24 EU member states, including all states then participating in the enhanced co-operation measures except [[Bulgaria]] and [[Poland]].<ref name="SIGN">{{cite web|url=http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/intm/135593.pdf |archive-url=https://web.archive.org/web/20130324021019/http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/intm/135593.pdf |archive-date=2013-03-24 |url-status=live|title=Signing of the Unified Patent Court agreement|date=19 February 2013|access-date=19 February 2013|publisher=[[Council of the European Union]]}}</ref> Bulgaria signed the agreement on 5 March 2013 following internal administrative procedures. Italy, which did not originally join the enhanced co-operation measures but subsequently signed up, did sign the UPC agreement.<ref>{{cite web|url=http://ec.europa.eu/internal_market/indprop/patent/ratification/index_en.htm|title=Unitary patent – ratification progress|access-date=19 February 2013|publisher=[[European Commission]]|archive-url=https://web.archive.org/web/20130227081005/http://ec.europa.eu/internal_market/indprop/patent/ratification/index_en.htm|archive-date=27 February 2013|url-status=dead}}</ref> The agreement remains open to accession for all remaining EU member states,<ref>{{cite press release|title=Single European Patent: a major achievement but still some way to go|url=http://europa.eu/rapid/press-release_SPEECH-13-132_en.htm?locale=en|work=European Commission|date=18 February 2013|access-date=18 February 2013}}</ref> with all European Union Member States except Spain and Poland having signed the Agreement.<ref>{{cite web|url=http://www.worldipreview.com/news/will-poland-join-the-unitary-patent-system|title=Will Poland join the Unitary Patent system?|date=5 February 2013|access-date=9 February 2013|publisher=[[World Intellectual Property Review]]}}</ref> States which do not participate in the unitary patent regulations can still become parties to the UPC agreement, which would allow the new court to handle European patents validated in the country.<ref>{{cite web|url=http://www.europeanvoice.com/article/imported/countries-to-sign-up-to-unitary-patent-system-/76422.aspx|title=Countries to sign up to unitary patent system|last=Wishart|first=Ian|date=14 February 2013|access-date=19 February 2013}}</ref>

On 18 January 2019, Kluwer Patent Blog wrote, "a recurring theme for some years has been that 'the UPC will start next year'". Then, Brexit and German constitutional court complaint were considered as the main obstacles. The German constitutional court first decided in a decision of 13 February 2020 against the German ratification of the Agreement on the ground that the German Parliament did not vote with the required majority (2/3 according to the judgement). After a second vote and further, this time unsuccessful, constitutional complaints, Germany formally ratified the UPC Agreement on 7 August 2021. While the UK ratified the agreement in April 2018, the UK later withdrew from the Agreement following Brexit.<ref name=":0">{{Cite web |title=UK Withdrawal from the UPCA {{!}} Unified Patent Court |url=https://www.unified-patent-court.org/news/uk-withdrawal-upca |access-date=2022-02-21 |website=www.unified-patent-court.org |archive-date=21 February 2022 |archive-url=https://web.archive.org/web/20220221182056/https://www.unified-patent-court.org/news/uk-withdrawal-upca |url-status=dead }}</ref>

As of the entry into force of the UPC on 1 June 2023, 17 countries had ratified the Agreement.<ref>{{Cite web|title=Agreement|url=https://www.consilium.europa.eu/en/documents-publications/treaties-agreements/agreement/|access-date=2022-02-21|website=www.consilium.europa.eu|language=en|archive-date=11 November 2020|archive-url=https://web.archive.org/web/20201111200001/https://www.consilium.europa.eu/en/documents-publications/treaties-agreements/agreement/|url-status=dead}}</ref>  Romania ratified the agreement in May 2024, and will join as the 18th participating member on 1 September 2024.

====Jurisdiction====
The Unified Patent Court has exclusive jurisdiction in [[patent infringement|infringement]] and revocation proceedings involving European patents with unitary effect, and during a transition period non-exclusive jurisdiction regarding European patents without unitary effect in the states where the Agreement applies, unless the patent proprietor decides to opt out.<ref>{{cite web |url=http://documents.epo.org/projects/babylon/eponet.nsf/0/889924E4E28C5D0CC12578D3003F5046/$File/st11533_en.pdf |date=14 June 2011 |work=Council of the European Union |access-date=30 June 2012 |title=Draft agreement on a Unified Patent Court and draft Statute – Presidency text |quote=(...) the Unified Patent Court will be a court common to the Contracting Member States, thus situated within the judicial system of the European Union, with exclusive competence on their territories for European patents with unitary effect and European patents designating one or more Member States party to this Agreement |archive-url=https://web.archive.org/web/20140705215439/http://documents.epo.org/projects/babylon/eponet.nsf/0/889924E4E28C5D0CC12578D3003F5046/$File/st11533_en.pdf |archive-date=5 July 2014 |url-status=dead}}</ref> It furthermore has jurisdiction to hear cases against decisions of the European Patent Office regarding unitary patents. As a court of several member states of the European Union it may (Court of First Instance) or must (Court of Appeal) ask prejudicial questions to the [[European Court of Justice]] when the interpretation of EU law (including the two unitary patent regulations, but excluding the UPC Agreement) is not obvious.

====Organization====
The court has two instances: a court of first instance and a court of appeal. The court of appeal and the registry have their seats in Luxembourg, while the central division of the court of first instance would have its seat in [[Paris]]. The central division has a thematic branch in [[Munich]] (the London location has yet to be replaced by a new location within the EU).<ref name="sciencebusiness27-06-12">{{cite news |url=http://bulletin.sciencebusiness.net/news/75784/Deal-reached-Unitary-patent-court-to-have-three-homes |title=Deal reached: Unitary patent court to have three homes |access-date=29 June 2012 |date=27 June 2012 |work=Science |url-status=dead |archive-url=https://web.archive.org/web/20131029210500/http://bulletin.sciencebusiness.net/news/75784/Deal-reached-Unitary-patent-court-to-have-three-homes |archive-date=29 October 2013}}</ref><ref>{{cite web |url=http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/131388.pdf |archive-url=https://web.archive.org/web/20120630065335/http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/ec/131388.pdf |archive-date=2012-06-30 |url-status=live |title=European Council, 28/29 June 2012, Conclusions (EUCO 76/12, CO EUR 4, CONCL 2)|date=29 June 2012 |publisher=European Council (General Secretariat of the Council) |location=Brussels |access-date=30 June 2012 |quote=Given the highly specialised nature of patent litigation and the need to maintain high quality standards, thematic clusters will be created in two sections of the Central Division, one in London (chemistry, including pharmaceuticals, classification C, human necessities, classification A), the other in Munich (mechanical engineering, classification F). }}</ref> The court of first instance may further have local and regional divisions in all member states that wish to set up such divisions.

===Geographical scope of and request for unitary effect===
While the regulations formally apply to all 25 member states participating in the [[Enhanced cooperation#Unitary patent|enhanced cooperation for a unitary patent]], from the date the [[Unified Patent Court Agreement|UPC agreement]] has entered into force for the first group of ratifiers,{{refn|group=notes|name="UPC entry into force"}} unitary patents will only extend to the territory of those participating member states where the UPC Agreement had entered into force when the unitary effect was registered. If the unitary effect territory subsequently expands to additional participating member states for which the UPC Agreement later enters into force, this will be reflected for all subsequently registered unitary patents, but the territorial scope of the unitary effect of existing unitary patents will not be extended to these states.<ref name="geographical extension"/>

Unitary effect can be requested up to one month after grant of the European patent directly at the EPO, with retroactive effect from the date of grant. However, according to the ''Draft Rules Relating to Unitary Patent Protection'', unitary effect would be registered only if the European patent has been granted with the same set of [[claim (patent)|claim]]s{{refn|A European patent may be granted by the EPO with claims which are, for one or more States, different from those applicable to the other designated States. This rare situation may arise by virtue of {{EPC Rule|18|2}} or {{EPC Rule|138}}.|group=notes}} for all the 25 participating member states in the regulations,{{refn|This requires that all 25 states participating in the [[Enhanced cooperation#Unitary patent|enhanced cooperation regulations]] have been designated upon filing of the European patent application. For European patent applications filed after 1 April 2009, all Contracting States party to the [[European Patent Convention|EPC]] at the time of filing of the application are automatically designated,<ref>{{cite web|url=http://www.epo.org/law-practice/legal-texts/html/guidelines/e/a_iii_11_2_2.htm|title=Guidelines for Examination: 11.2.2 Payment of designation fee|publisher=European Patent Office|date= April 2014}}</ref> although designations may be withdrawn before grant.<ref>{{cite web|url=http://www.epo.org/law-practice/legal-texts/html/guidelines/e/a_iii_11_3_8.htm|title=Guidelines for Examiniation: 11.3.8 Withdrawal of designation|publisher=European Patent Office|date=16 September 2013}}</ref> It was not possible to designate Malta before it became a party to the EPC on 1 March 2007.|group=notes}} whether the unitary effect applies to them or not.<ref>{{cite web|url=http://www.bristowsupc.com/assets/files/Draft%20Unitary%20Patent%20rules%20-%20June%202014.PDF|title=Rules Relating to Unitary Patent Protection, Rule 5.I.2.|work=President of the European Patent Office|access-date=18 July 2014|date=6 June 2014|archive-date=26 July 2014|archive-url=https://web.archive.org/web/20140726194215/http://www.bristowsupc.com/assets/files/Draft%20Unitary%20Patent%20rules%20-%20June%202014.PDF|url-status=dead}}</ref> European patents automatically become a bundle of "national" European patents upon grant. Upon the grant of unitary effect, the "national" European patents will retroactively be considered to never have existed in the territories where the unitary patent has effect. The unitary effect does not affect "national" European patents in states where the unitary patent does not apply. Any "national" European patents applying outside the "unitary effect" zone will co-exist with the unitary patent.<ref name="geographical extension"/>

====Special territories of participating member states====
As the unitary patent is introduced by an EU regulation, it is expected to not only be valid in the mainland territory of the participating member states that are party to the UPC, but also in those of their [[Special member state territories and the European Union|special territories]] that are part of the European Union. As of April 2014, this includes the following fourteen territories:

* Cyprus: [[United Nations Buffer Zone in Cyprus|UN Buffer Zone]]
* Finland: [[Åland]]
* France: [[French Guiana]], [[Guadeloupe]], [[Martinique]], [[Mayotte]], [[Réunion]], [[Collectivity of Saint Martin|Saint Martin]]
* Germany: [[Büsingen am Hochrhein]], [[Helgoland]]
* Greece: [[Mount Athos]]
* Portugal: [[Azores]], [[Madeira]]

In addition to the territories above, the [[European Patent Convention]] has been extended by two member states participating in the [[Enhanced cooperation#Unitary patent|enhanced cooperation for a unitary patent]] to cover some of their dependent territories outside the European Union:<ref>[http://archive.epo.org/epo/pubs/oj013/04_13/04_2523.pdf Synopsis of the territorial field of application of international patent treaties (situation on 1 March 2013)] {{Webarchive|url=https://web.archive.org/web/20140625213426/http://archive.epo.org/epo/pubs/oj013/04_13/04_2523.pdf |date=25 June 2014 }}, EPO OJ 4/2013, p. 269, footnote 3</ref> In following of those territories, the unitary patent is de facto extended through application of national (French, or Dutch) law:

* France: [[French Southern and Antarctic Lands]], [[Saint Barthélemy]], [[Saint-Pierre and Miquelon]] and [[Wallis and Futuna]]<ref name=EPO_FR/>
* Netherlands: [[Caribbean Netherlands]], [[Curaçao]], [[Sint Maarten]]<ref>{{cite journal|url=https://zoek.officielebekendmakingen.nl/stb-2023-119.pdf|publisher=officielebekendmakingen.nl|language=Dutch|date=14 April 2023|title=Besluit van 3 april 2023, houdende vaststelling van het tijdstip van inwerkingtreding van artikel I, onderdelen A tot en met Z en BB, en artikel II, van de Rijkswet van 30 oktober 2019 tot wijziging van de Rijksoctrooiwet 1995 in verband met de Overeenkomst betreffende een eengemaakt octrooigerecht en Verordening (EU) nr. 1257/2012|issue=119|journal=Staatsblad}}</ref><ref name=EPO_NL>{{cite web|url=https://www.epo.org/law-practice/legal-texts/html/national-measures-up/en/iv/nl.htm?sm=c|work=EPO|access-date=24 April 2023|title=National measures relating to the Unitary Patent, Chapter IV: Netherlands|archive-date=24 April 2023|archive-url=https://web.archive.org/web/20230424203051/https://www.epo.org/law-practice/legal-texts/html/national-measures-up/en/iv/nl.htm?sm=c|url-status=dead}}</ref>

However, the unitary patent does not apply in the French territories [[French Polynesia]] and [[New Caledonia]] as implementing legislation would need to be passed by those jurisdictions (rather than the French national legislation required in the other territories) and this has not been done.<ref name=EPO_FR>{{cite web|url=https://www.epo.org/law-practice/legal-texts/html/national-measures-up/en/iv/fr.htm?sm=c|work=EPO|access-date=24 April 2023|title=National measures relating to the Unitary Patent, Chapter IV: France|archive-date=24 April 2023|archive-url=https://web.archive.org/web/20230424204556/https://www.epo.org/law-practice/legal-texts/html/national-measures-up/en/iv/fr.htm?sm=c|url-status=dead}}</ref>