Compare unitary effect, national validation and the benefits and risks of central litigation.
Grant and litigation are different
European patents are applied for and granted at the EPO. The Unified Patent Court is a court for certain patent disputes, not a filing office. Unitary effect may be requested after grant subject to the system’s requirements.
Territorial scope
A Unitary Patent covers the participating states applicable to that patent. It does not automatically cover the entire EU or every EPC contracting state. National validations can remain relevant outside its territory.
Opt-outs and central risk
During the transitional arrangements, an opt-out may be available for conventional European patents. Ownership, entitlement and existing proceedings must be checked. Unitary Patents cannot be opted out in the same way. Central enforcement must be weighed against central revocation risk, procedural costs and the locations of important markets.
Official sources
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