The EPO has announced in February 2022 that final preparations are underway for the start of the Unitary Patent system. The EPO Select Committee in charge of the implementation of the Unitary Patent will complete its work by 30 June 2022.

There is little specific news on developments and times, but it is quite possible that the system will be in place within the coming year or so. When it does come into effect a single patent with Unitary Effect can be requested after the EPO grant of a European Patent. Only countries within the EU can participate in the new Unitary Patent system, and participation is optional. Spain and Poland do not intend to participate. In Ireland, a referendum will be required.

Currently, when a European patent is granted, the patent is validated in the individual countries of interest and renewal fees are paid in the individual countries to maintain the patent in force. A patent may be opposed at the EPO within 9 months of the date of grant of a patent. All enforcement and validity actions (other than central oppositions at the EPO) are before the national Courts in the individual countries. A new Unified Patent Court will be created which will have jurisdiction over all the countries participating in the Unitary Patent system for infringement and validity actions unless the patent is opted out of the new system.
More details to follow over the coming months as developments arise.