Unitary Patent and Unified Patent Court Operational from 1 June

Following the entry into force of the International Agreement on the Unified Patent Court (TUB), the unitary patent system began on 1 June 2023.
Through this system it is possible to obtain a new patent title capable of providing, without the need for validation at national level, uniform protection in all EU Member States that have ratified the Agreement on the Unified Patent Court (TUB).

The countries that have currently joined this initiative are 17 (Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden), but the future ratification of the Agreement by 7 other EU countries signatories to the Agreement will allow coverage to be expanded to the territory of almost the entire European Union.

It is important to clarify that the unitary patent complements, and does not replace, existing patent protection at national and European level.
The procedure to be implemented to obtain a unitary patent is the same as that which is normally carried out, until issue, for obtaining a European patent, but without the obligation to designate the states in which it is intended to obtain patent protection. After granting, the patent owner will have one month to request the “unitary effect”, which will make the granted European patent a unitary patent.

As regards disputes, the unitary patent falls under the exclusive jurisdiction of a single centralized court, the Unified Patent Court (TUB); however, the owner can take action to exclude the patent (or his application) from the jurisdiction of this court, requesting the so-called opt-out.
The Unified Patent Court has been competent since 1 June for cases relating to European patents and European patents with unitary effect.
The following proceedings can be initiated before the TUB:

• Actions against committed or threatened violations
• Counterclaims for nullity
• Invalidity actions
• Compensation actions
• Requests for provisional and precautionary measures and injunctions.

The TUB is made up of a Court of First Instance, a Court of Appeal and a Chancellery. The Court of First Instance has a decentralized structure and includes a central division in Paris with a branch in Munich, as well as various local and regional divisions located throughout Europe.
The TUB Court of Appeal is based in Luxembourg, together with the Chancellery.

Further information:

Unitary Patent: https://www.epo.org/applying/european/unitary/unitary-patent.html
Unified Patent Court: https://www.unified-patent-court.org/en
FAQ on the Unitary Patent: https://www.epo.org/applying/european/unitary/unitary-patent/faq.html