Patents/ Utility Models
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.).