Geographic Scope of the UPC and Unitary Patent

No items found.
​
February 22, 2023

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

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.

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
Making the switch from in-house to private practice
28 June 2019
During his career in IP partner Matt Jones has held positions in both private practice law firms, and in-house corporate legal departments, before he joined EIP.
#
Litigation
​
Blockchain and the impact of patents
28 May 2019
In an article for Intellectual Property Magazine partner Christof Höhne and legal assistant Tatiana Dolenko look at the rise of blockchain technology and how blockchain patents, and their litigation,...
#
Litigation
​
Protecting IP rights pre- and post-Brexit
07 May 2019
With the date the UK was due to leave the European Union having passed, Partner Darren Smyth provides an update in The Law Society Gazette with regards to the continued protection of IP rights in the...
#
Patenting
​
IP Mistakes to Avoid - No. 4 - DIY
11 October 2016
In the final part of the series of Top IP Mistakes to Avoid, partner Laurence Brown from the EIP office in Leeds warns against the pitfalls of attempting to obtain IP protection yourself.
#
Patenting
​
IP Mistakes to Avoid – No. 3 – Thinking you’re covered because you’ve got the company name registered
04 October 2016
Ahead of his presentation on the Top IP Mistakes to Avoid at Leeds Business Week, partner Laurence Brown from EIP’s Leeds office dispels one of the most common myths surrounding IP protection.
#
Patenting
​
IP Mistakes to Avoid – No. 2 – Revealing your idea before getting your IP in place
30 September 2016
In the second in our series of Top IP Mistakes to Avoid, partner Laurence Brown from EIP’s office in Leeds discusses how businesses often forego their chances of obtaining patent protection by making...
#
Patenting
​
IP Mistakes to Avoid - No.1 - Burying your head in the sand
20 September 2016
In the lead up to EIP’s participation in Leeds Business Week, partner Laurence Brown of EIP’s Leeds office will be revealing his Top IP Mistakes to Avoid.
#
Patenting
​
Patent Box and R&D tax credits: Are you missing out?
15 April 2016
EIP has teamed up with Jumpstart for an evening seminar on how innovative companies can get maximum benefit from the Patent Box and R&D tax credit schemes.
#
Patenting
​
Pitfalls of translating prior art documents
28 January 2015
The Journal of Intellectual Property Law and Practice (JIPLP) has published an article by Darren Smyth, Robert Barker and Tim Belcher advising applicants how to handle requests for translations of...
#
Patenting
​
Getting to the EIP London Office
Use this guide to locate the EIP office in London