On September 1, 2024, the agreement on Romania’s accession to the Unitary Patent System (UP) entered into force. This means that all European patents with unitary effect now automatically cover Romania.
With this new addition, there are now 18 European Union member states participating in the system.
More than 27,000 unitary patents have been registered since the system took effect
Since the unitary patent came into effect on June 1, 2023, the European Patent Office (EPO) has received more than 28,450 applications for unitary effect and has registered 27,000 unitary patents.
In the first half of this year, 63% of all applications for unitary effect came from the 39 EPO Member States; more than 32% were filed by small businesses and individual inventors. So far this year, nearly one in four European patents granted has become a unitary patent.
Advantages and Disadvantages of the Unitary Patent System
The Unitary Patent System consists of two pillars: the Unitary Patent and the Unified Patent Court (UPC). This system offers several advantages: it reduces costs depending on the number of countries of interest, it is a simplified procedure, and it provides uniform protection.
However, there are also cases in which the best option for the owner of a European patent would be to opt for the traditional validation system, since the unitary system may entail higher maintenance costs and the risk that, through a single invalidation action, the patent could be invalidated in all countries where the Unitary Patent is in force. Patent holders must carefully weigh the advantages and risks of the unitary system, especially in terms of costs and the possibility of global invalidation.
Irene Gascón, Associate European Patent Attorney in the Patent Department at ELZABURU