The EU Unified Patent (UP) launches on 1 June 2023 - so there is just over one month left before the European Patent Office (EPO) starts to be able to grant a UP.

What this means is that, once the EPO lets you know that your EPO patent application is ready for grant (by sending a communication under Rule 71(3) EPC), you can then choose the issuance of a UP. The result is one UP patent that covers all participating EU states (at the moment this is 17 of the possible 27 EU states (so all except for Croatia, Cyprus, Czech Republic, Greece, Hungary, Ireland, Poland, Romania, Spain and Slovakia)).

For the remaining EU states, as well as states that are not EU states, you continue in the usual way of deciding whether to validate grant of the EP application in each state, to result in a portfolio of national patents.  

If you want to start proceedings in relation to infringement of a UP or for the revocation of a UP then that has to happen before the Unified Patent Court (UPC) which also opens for business on 1 June 2023. National courts have no jurisdiction over UPs. However the UPC may have jurisdiction over national patents. 

So you need to know what is granted before you can take action in relation to a patent. But how do you find if a Unitary Patent exists? 

The EPO register is being updated to show whether a request for a Unitary Patent has been filed and registered.  Here is a useful video from the EPO showing you how to search for Unitary Patents via the EPO register.

For more on the UPC and opting-out of the jurisdiction of the UPC read on.