The countries covered by the Unitary Patent, are the same as those participating in the Unified Patent Court and are: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden (18 UPC states).

Unified Patent Court and Unitary Patents: A New Era for European IP 

For European patents with Unitary Effect (also known as Unitary Patents), the Unified Patent Court (UPC) holds exclusive jurisdiction for determining infringement and validity. This new court consolidates and harmonises the previously fragmented system, which required separate legal proceedings in each country.

Previously, a granted European patent would become a bundle of individual national patents. This “classic” European patent system will continue to exist in parallel with the new UPC. For these older patents, infringement and validity will still be handled by the individual national courts.

Currently, 18 of the countries involved in the "enhanced cooperation" have ratified the agreements to bring about the Unitary Patent System, with 7 more working toward ratification. This map shows the participating EPO member states:

This new system simplifies the process for patent holders, offering a single legal venue for enforcement across multiple countries, potentially reducing costs and increasing legal certainty. The number of participating states is expected to grow as more countries ratify the agreement.

For more information on the Unified Patent Court, or to start or defend an infringement or revocation action in the Unified Patent Court, please contact one of our European Patent Attorneys.