---
title: "The Unitary Patent and the Unified Patent Court | Pitch"
description: "What the European Unitary Patent is, which countries it covers, how to get one, what it costs and how the Unified Patent Court and the opt-out work."
url: https://www.pitch.law/unitary-patent
---

Patents

# The Unitary Patent in Europe

One patent, one renewal fee and one court for most of the EU. Here’s what it is, what it costs and what you need to decide.

[Calculate your cost savings](https://www.pitch.law/unitary-patent/calculator)

## What is a Unitary Patent?

A Unitary Patent is a European patent with “unitary effect” in all EU member states that take part in the system. A classic European patent turns into a bundle of national patents once granted; a Unitary Patent stays one single title.

Its main benefits:

- big cost savings: no national validation in the participating states, and one renewal fee that is much lower than the fees for a classic European patent kept alive in many countries;
- one title you can enforce before the Unified Patent Court, with effect across the whole territory at once.

## Which countries does it cover?

The Unitary Patent launched on 1 June 2023 with 17 participating states. Romania joined on 1 September 2024. It now covers 18 states:

Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovenia and Sweden.

It does not (yet) cover:

- Spain, Poland and Croatia, which are not taking part in the system for now;
- Cyprus, the Czech Republic, Greece, Hungary, Ireland and Slovakia, which have not completed ratification;
- the United Kingdom, Albania, Iceland, Liechtenstein, Monaco, Montenegro, North Macedonia, Norway, San Marino, Serbia, Switzerland and Türkiye, which are party to the European Patent Convention but not EU member states.

In those countries you can still obtain protection through the same application at the EPO, with national validation after grant.

## How do you obtain a Unitary Patent?

The route is the same as for a classic European patent:

- you file a patent application at the European Patent Office, directly or as a regional phase of an international (PCT) application;
- the application is examined by the EPO until the patent is granted;
- within one month of grant, you request unitary effect, and the patent becomes a Unitary Patent for the participating states.

The request is simple and needs only a single translation: into English if the patent was granted in French or German, or into any other official EU language if it was granted in English.

Need protection in other European Patent Convention countries too? Then you validate the granted patent there within three months of grant, just like in the classic system.

## What does a Unitary Patent cost?

The Unitary Patent goes through the classic EPO grant procedure, so getting one costs the same as getting a classic European patent.

After grant, the savings are big. You skip national validation (translations and official fees) in the participating states, and you pay one renewal fee to the EPO instead of one per country:

| Year | Renewal fee (EPO) |
| ---- | ----------------- |
| 2    | €35               |
| 3    | €105              |
| 4    | €145              |
| 5    | €315              |
| 6    | €475              |
| 7    | €630              |
| 8    | €815              |
| 9    | €990              |
| 10   | €1,175            |
| 11   | €1,460            |
| 12   | €1,775            |
| 13   | €2,105            |
| 14   | €2,455            |
| 15   | €2,830            |
| 16   | €3,240            |
| 17   | €3,640            |
| 18   | €4,055            |
| 19   | €4,455            |
| 20   | €4,855            |

Together, the renewal fees for the first ten years come to less than €5,000.

[Calculate your cost savings](https://www.pitch.law/unitary-patent/calculator)

## The Unified Patent Court

The Unified Patent Court (UPC) is a court common to the EU member states that are party to the Agreement on a Unified Patent Court. Patent owners and alleged infringers can assert or attack a patent for the whole territory in a single case, instead of in parallel national proceedings.

The UPC has exclusive jurisdiction over Unitary Patents. It also hears cases on classic European patents, unless the owner has opted out.

## Opting out of the Unified Patent Court

During a transitional period of at least seven years from 1 June 2023, the following applies to classic European patents:

- without an opt-out, both the UPC and the national courts have jurisdiction;
- if the owner registers an opt-out, only the national courts have jurisdiction;
- the owner can withdraw the opt-out (opt back in), unless someone has already started a case about the patent before a national court.

An opt-out registered during the transitional period lasts for the life of the patent. Once the period ends, it is no longer possible to opt out, and the UPC becomes the only competent court for classic European patents that have not been opted out.

A Unitary Patent itself cannot be opted out.

## What choosing a Unitary Patent means

- Only the Unified Patent Court can enforce your Unitary Patent, and you can’t opt out.
- The Unitary Patent is one title with one owner for all participating countries. You can’t assign it for only part of the territory, although you can license it that way.
- If the Unified Patent Court revokes a Unitary Patent, it is revoked for all participating countries at once.

## Let’s talk

Tell us what you’re working on. We’ll get the right person on it and reply within one business day. The first chat is free.

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