Download now: life sciences - whitepaper: building an investable ip portfolio
​

Geographic Scope of the UPC and Unitary Patent

No items found.
​
February 22, 2023

Download PDF

Table of contents
  • Toc Heading
  • Toc Heading
No items found.

The grant of a European Patent allows patent rights to be obtained in respect of over 35 states by means of the respective validation procedures for those states. These include EU member states and non-EU states.

The scope of the UPC and a Unitary Patent corresponds to a subset of those EU member states. Currently, these are:

  • Austria (AT)*
  • Belgium (BE)*
  • Bulgaria (BG)
  • Denmark (DK)*
  • Estonia (EE)*
  • Finland (FI)*
  • France (FR)* _ UPC Central Division (Paris)
  • Germany (DE)* _ UPC Central Division (Munich)
  • Italy (IT)* _ UPC Central Division (Milan)
  • Latvia (LV)*
  • Lithuania (LT)*
  • Luxembourg (LU) _ UPC Court of Appeal
  • Malta (MT)
  • Netherlands (NL)*
  • Portugal (PL)*
  • Romania (with effect from 1 September 2024)
  • Slovenia (SI)*
  • Sweden (SE)*

* location of Local/Regional Divisions of the UPC

This geographic scope may vary over time as more states participate.

For a granted EP patent which is in force in any of the above states and which has not been opted_out, an action (e.g. infringement or revocation) in the UPC will be effective in respect of those states.

Proceedings for infringement in another state or for revocation of the national patent of any other state must be brought in the respective national court.

In the first nine months after grant, the EPO Opposition procedure provides a mechanism for centralised revocation for the entire bundle of all national patents (including those within the scope of the UPC) and any unitary patent resulting from a single granted EP patent.

For EP patents for which a Unitary Patent has been requested, the resulting Unitary Patent will cover the states which have ratified the agreement at the patent grant date. For example, a Unitary Patent obtained from an EP patent granted on 1 June 2023will cover the above states.

To obtain protection in other EPC states, such as the UK, Poland or Spain, or where a Unitary Patent has not been requested, the existing validation procedures for obtaining national patent rights (which can be enforced in the respective national courts) remain unchanged.

Additional states which may participate in the future include Cyprus, Greece, Hungary, Ireland, and Slovakia. Of these, Ireland is the most likely to participate.

Latest article update: 24 September, 2024

The Latest Thought Leadership pieces in the Content Hub

See all articles

Unitary Patent as an object of property
November 9, 2022
A registered intellectual property right such as a patent is normally considered a property right of the country in which it has effect. Rules relating to the patent as an object of property, for...
​
What are the options if you want to avoid the UPC?
November 3, 2022
During the transitional period, it is possible to opt classical (i.e. non-unitary) European patents and applications out of the competence of the UPC (provided that no action has commenced at the UPC...
​
What are the options if you want to be able to use the UPC?
November 3, 2022
All unitary patents fall within the competence of the Unified Patent Court (UPC). Additionally, classical validations of European Patents in states which have ratified the UPC agreement are within...
​
How does the opt-out work?
November 1, 2022
The Unified Patent Court (UPC) will ultimately be responsible for all litigation in participating member states relating to patents granted by the European Patent Office (EPO); national courts in...
​
What is the Unified Patent Court?
November 1, 2022
The Unified Patent Court ("UPC") is a new pan-European court which opened for business on 1 June 2023. It adjudicates disputes relating to the new Unitary Patents and also to existing and future...
​
What is the Unitary Patent and how do I get one?
November 1, 2022
The Unitary Patent (UP) is a single patent right, obtained via the European Patent Office, covering all EU Member States which have ratified the agreement at the patent grant date, and is subject to...
​
Stay in the Know

The Patent Strategist

Get expert insights and the top patent stories delivered straight to your inbox.

​
Interested in a career at EIP?

View Open Roles

Heading
This is some text inside of a div block.
This is some text inside of a div block.
​

Latest Insights

Showing 0 of 100
Filters
Ask the Experts: Can I get a patent for my invention?
17 August 2021
In the first article in this series, we introduced patent attorneys, and suggested that ‘How do I get a patent’ may not be the first question to ask a patent attorney.
#
Patenting
​
Ask the Experts: Can a patent attorney help your business?
10 August 2021
If you have watched the BBC programme ‘Dragons Den', you'll almost certainly have heard entrepreneurs asked about intellectual property rights, such as patents, design rights, trademarks and so on.
#
Patenting
​
Should I get my Patent Application to Grant as Fast as Possible?
28 July 2021
Why do patents take so long to grant?Progressing a patent family through to grant can take a notoriously long amount of time, particularly when an applicant is looking to protect their invention in a...
#
Patenting
​
How could internal combustion engines help drive decarbonisation?
22 July 2021
Last week, the UK Government announced that sales of new petrol and diesel heavy goods vehicles (HGVs) will be banned by 2040. The UK's Road Haulage Association supports the aim, but in a press...
#
Patenting
​
Digital event: Reality check for patenting computer-implemented simulations at the EPO
21 May 2021
Join us for a digital event on the 2 June.In its decision G1/19 (Simulations), the Enlarged Board of Appeal (EBoA) of the European Patent Office (EPO) addresses the patentability of...
#
Patenting
​
Digital event: Patent enablement in the UK – the judgments in the Regeneron and Illumina cases
09 April 2021
Join us for a digital event on the 21 April where we will be covering what you need to know about the requirement of patent enablement in the UK – the Supreme Court decision in Regeneron and the High...
#
Patenting
​
Digital event: What you need to know about the new EPO Guidelines for Examination
23 March 2021
Join us for a digital event on Tuesday 30th March covering what you need to know about the new EPO Guidelines and current EPO practice.This webinar hosted by Gareth Probert and Darren Smyth will give...
#
Patenting
​
International Women’s Day 2021: Q&A with Justyna Strzeszynska, founder & CEO of Joii
08 March 2021
This year, the International Women’s Day theme is ‘choose to challenge’ with a focus on challenging change to create a gender equal world.The day marks a call to action for accelerating women’s...
#
Patenting
​
International Women’s Day 2021: Q&A with Kate Bache, co-founder & managing director of Health and Her
08 March 2021
This year, the International Women’s Day theme is ‘choose to challenge’ with a focus on challenging change to create a gender equal world.The day marks a call to action for accelerating women’s...
#
Patenting
​
National Careers Week: How I started my career in IP by Tom Swift
05 March 2021
In support of National Careers Week, trainee patent attorney, Tom Swift discusses his journey into IP and gives advice to others looking to start a career in IP.
#
Patenting
​
Managing Designs and Trademarks after Brexit
30 December 2020
Following the end of Brexit here at EIP we can advise on the protection of your designs and trademarks.We can represent your design applications at the UK IPO, EU IPO and USPTO through our offices in...
#
Patenting
​
Brexit – what happens to your EU rights after the Transition Period?
25 November 2020
As we approach the end of the transition period, which expires on 31 December 2020, it is timely to provide an update and reminder about the impact of Brexit on EU Trademarks and Registered Community...
#
Patenting
​
BioWednesday Webinar Report: Enabling Access to Medical Technologies - Compulsory Licensing, TRIPS and FRAND
12 June 2020
On 20th May 2020 EIP Life partners Andy Sharples and Monika Rai joined One Nucleus’ BioWednesday webinar.EIP have created an event report that covers the webinar in more detail.
#
Patenting
​
IP pitfalls to avoid
31 March 2020
Partner Neil Condon of our Cardiff office explains his top IP pitfalls to avoid in this online blog article for Wales Business Insider.
#
Litigation
​
Analysis of Intel’s cellular patent portfolio
20 September 2019
Intel has built a cellular portfolio of 5G patent assets at some pace. The industry should take note, says James Seymour in this article in the September 2019 issue of Intellectual Property Magazine.
#
Patenting
​