What are the advantages and disadvantages of the Unitary Patent?

The main advantages of the Unitary Patent relate to administrative, financial and procedural aspects.

Individual validations can be dispensed with for the plurality of participating EU member states. A single annuity fee has to be paid, which is cheaper for four countries or more. However, patent protection can no longer be abandoned on a country-by-country basis. Besides, not all EU member states are covered. For example, Spain has decided not to take part in the Unitary Patent.

In case of a change of ownership, a single request is sufficient for official recording.

Decisions of the UPC apply to all participating EU member states. On the downside, this opens up the possibility of a central invalidity attack. On the upside, a favorable decision regarding infringement is enforceable with a broader territorial effect. A Unitary Patent and national patents can coexist (double protection), which increases the options for action (choice of court, separate abandonment of rights, etc.).