The Unitary Patent System will come into effect in Romania starting from September 1st, 2024

On this date, the Unitary Patent System, also known as the European Patent with Unitary Effect, becomes operational. Romania has become the 18th European country to ratify the Agreement on a Unified Patent Court (UPC), joining other European states that now benefit from the protection offered by this new type of patent within their territories.

The Unitary Patent is a European patent granted by the European Patent Office (EPO) under the rules and procedures set out by the European Patent Convention. A significant advantage of this system is that it allows patent holders to request unitary effect, thereby extending protection across all EU member states that have ratified the agreement.

The new European patent with unitary effect significantly simplifies the process of obtaining patent protection by providing uniform coverage over a broad territory while reducing bureaucracy and associated costs. Instead of requiring separate validation of the European patent in multiple states, holders can obtain a Unitary Patent through a single application submitted to the EPO. This regional office serves as a one-stop shop for the administration of the Unitary Patent and the management of related fee payments.

The procedure for obtaining a Unitary Patent is straightforward: holders must first secure a European patent, after which they can apply for unitary effect. The cost savings from this system are evident in the simplified management of the patent, with a single renewal fee paid centrally to the EPO in a single currency.

Small and medium-sized enterprises (SMEs) also benefit from a €500 compensation for the costs of translating their initial patent application into one of the three official EPO languages: English, German, or French.

Another crucial aspect of the new system is the simplification of judicial procedures through the Unified Patent Court (UPC). This court introduces a uniform and efficient framework for resolving patent disputes at the European level, with jurisdiction over both Unitary Patents and classic European patents, with certain exceptions until May 31, 2030.

This supranational court, established by the Agreement on a Unified Patent Court (UPCA), allows patent holders to more effectively enforce their rights, while third parties can seek revocation through a centralized procedure, thus reducing costs and eliminating parallel litigation across different countries.

The Unitary Patent System, operational since June 1, 2023, offers numerous advantages, including extended protection in all states that have ratified the agreement, reduced costs through unified fees, and administrative simplification. The system also provides flexibility for holders, who can choose between the Unitary Patent and the classic European patent based on their commercial and strategic interests.

This system meets the economic needs of entities with limited resources, such as SMEs, startups, and universities, which play a significant role in the future of the European economy. The Unitary Patent System will coexist with national patent systems and the classic European patent, offering holders the freedom to choose the most suitable form of protection.

Intellectual property rights are essential for supporting innovation and technological development, enabling entities to reap the benefits of their creativity and encouraging further investment in new technologies. SMEs and startups opting for the Unitary Patent will be better positioned to decide on expanding into European markets based on the success of their products and new business opportunities.