The European Patent with Unitary Effect. Opportunities and Limitations for Innovative Projects

In 2023 organizations can apply for a European patent with unitary effect in 25 European Union countries. The system brings many simplifications to obtaining protection, but it also comes with some limitations. The aim of the paper is to explore the possibilities and limitations that a European patent with unitary effect can potentially give to organizations concerning the innovative solutions they obtain within their projects.The procedure of obtaining a unitary patent will be faster, simpler, and cheaper, as translations into the official languages of all granting countries will no longer be necessary. A Unified Patent Court will be one institution to decide patent cases, so a unified and consistent line of jurisprudence can also be expected. However, there are some significant flaws in the system – there is a complicated construction, peculiar language discrimination in registration and court proceedings, the problem of equal access to the court, and arguments about the system's cost-effectiveness, mainly for entities from rich and technologically advanced member states. Taking advantage of the unitary patent will require a rethink, increased vigilance, and caution from innovation project managers, as well as a calculation of potential gains and losses