On June 1, 2023, the unitary patent, long awaited in the European industrial property scene, came into force. After years of preparation and some delays, the European unitary patent validation system is now finally in place. A little more than a year later, the numbers are record-breaking: more than 27,000 unitary patents registered; an increase of 2.9% of applications globally and 6.9% in Spain.
These 27,000 registered patents indicate that practically one out of every four European patents granted has been validated under the new unitary system. And it is a number that, according to official bodies, is on the rise.
64.2% of unitary patent holders are located in the 39 contracting states of the EPO. This is followed by holders in the USA (16.1%), China (6.00%), Japan (3.8%) and the Republic of Korea (3.3%). Particular interest has been shown by smaller European companies and startups, as they accumulated during 2023 35.5% of all unitary patents in Europe.
In terms of sectors, most patents have been granted for medical technology (31%), civil engineering (6%) and transportation (5%).
The numbers also affect the Unified Patent Court (UPC), where 373 cases have been filed in the courts of first instance. Of these, 133 were infringement actions before local divisions (such as Germany, the most popular) and 204 were revocation actions.
The Court of Appeal has received 16 appeals from adversely affected parties, 2 applications for discretionary review, 5 applications for suspensive effect and 15 for an order to expedite an appeal.
A system that keeps growing
The unitary patent aims to unify the European patent market and be a turning point for innovation and competitiveness in Europe. With significantly lower costs and administrative simplification, thanks to encompassing everything in one application, it seeks to attract companies so that they can have a wide territorial coverage in the, so far, 17 member countries. And we say so far because on September 1, Romania will become part of the unitary patent system.
Currently, the Commission intends to strengthen the system with the creation of a unitary supplementary protection certificate (SPC). The aim is to allow the extension of unitary patent rights for certain pharmaceutical and phytosanitary products authorized on a unitary basis.
In conclusion, the figures indicate that the unitary patent system has been well received, but it remains to be seen how it will evolve in the coming years.
