No one-size-fits-all: Unitary patent or national validation?

Bulletin 20 November 2025

So your European patent has been granted – congratulations! Now what?

In 2023, Europe introduced a new route for validating European patents: the Unitary Patent (UP) system. Although appealing due to its broad geographical coverage and lower costs, the Unitary Patent system carries certain risks, most notably the possibility of central revocation.

Here are the key considerations to help guide your decision.

Geographical overage

Unitary patent: Provides uniform protection across 18 participating European states (so far): Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovenia, and Sweden.However, not all major European countries are included. For example, the UK and Spain are not part of the Unitary Patent system. If protection in those countries is important to you, a combination of a Unitary Patent and standard national validation might be required.
Standard European validation: Allows national protection in EPC contracting states (including non-EU countries like the UK, Switzerland, Turkey). The states are selected on an individual basis.

Cost efficiency

Unitary patent: Involves a single renewal fee and is typically more cost-effective when protection in multiple participating states is required.
Standard European validation: Involves separate validation fees in each country, along with annual national renewals. This can become more expensive over time if many countries are selected.

Centralised vs national enforcement

Unitary patent: Falls under the jurisdiction of the Unified Patent Court (UPC). This means centralized litigation, which has some advantages and risks:
- Pros: Typically lower (not low!) litigation costs compared to litigating separately in multiple states. A single infringement action could secure remedies across all 18 states.
- Cons: A single revocation action could invalidate your patent across all UP states.

Standard European validation: Enforced through national courts, leading to the potential for multiple litigations in different countries.
- Pros: Revocation or litigation outcomes may vary by country, increasing the chance of retaining rights in at least some jurisdictions.
- Cons: Higher litigation costs and complexity.

Flexibility over time

Unitary patent: Offers all-or-nothing coverage. Once granted, the UP cannot be revoked or lapse on a country-by-country basis.

As of October 2025, the official renewal fees for the first 10 years of a Unitary Patent are:

Renewal year	Fee in EUR
2	€35
3	€105
4	€145
5	€315
6	€475
7	€630
8	€815
9	€990
10	€1175
TOTAL FOR FIRST 10 YEARS	€4685

If you add the UK and Spain using standard validation, the official renewal fees for the Unitary Patent + UK and Spain are:

Renewal year	Combined total (EUR)
2	€35
3	€124
4	€169
5	€443
6	€647
7	€858
8	€1048
9	€1249
10	€1463
TOTAL FOR FIRST 10 YEARS	€6036

Standard European validation: Offers the ability to manage protection country by country. You can allow protection to lapse where no longer needed, which adds flexibility and cost control over time.

The national renewal fees for maintaining protection in all of the same countries as those covered by a Unitary Patent are disproportionately higher. However, would you have chosen to validate in all 18 Unitary Patent states individually? In practice, many patentees opt to validate only in the most commercially significant countries.

By way of example, below are the official renewal fees for the first 10 years of the patent term for two scenarios:

the top 7 European countries used for validation, i.e. UK, Germany, France, Spain, Italy, Netherlands, Switzerland, and
the top 3 European countries used for validation, i.e. UK, Germany and France.

Renewal year	Combined total (EUR) Top 7 countries	Combined total (EUR) top 3 countries
2	€38	€38
3	€334	€108
4	€417	€108
5	€781	€220
6	€1025	€331
7	€1449	€435
8	€1778	€568
9	€2200	€706
10	€2634	€850
TOTAL FOR FIRST 10 YEARS	€10,656	€3,364

Thus, choosing standard validation in the top 7 countries is more expensive by ~€4,500 over the first 10-year period as compared to the Unitary Patent + UK and Spain. This is assuming you have decided to maintain the patent in all 7 countries as you have full flexibility with lapsing individual states, if needed. If coverage in the UK, Germany and France is sufficient for your commercial goals, the renewal fees will be lower if the standard European validation approach is used.

Statistics

Since the Unitary Patent system launched in 2023, adoption of UPs has steadily increased, indicating growing confidence and interest among applicants.

The proportion of patents registered as Unitary Patents relating to “Medical technology” is currently around 12.3%. This is a very broad category of inventions, which encompasses MedTech devices, some pharmaceuticals, vaccines and diagnostics. Inventions classified as “measurement” (5.6%), “computer technology” (5.4%) and “digital communication” (5.4%) were the next three most popular subject matters to be registered as Unitary Patents.

When it comes to UPC litigation, and despite early expectations, pharmaceutical litigation has not dominated UPC activity. As of mid-2025:

Only about 40% of revocation and infringement cases (including counterclaims) involve medicines, life sciences, or chemicals.
The remaining 60% concern mechanical or electrical inventions.

Conclusion
There is no one-size-fits-all answer. The right choice depends on your unique circumstances:

Budget – current vs projected (over 3, 5, 10 years)
Geographic priorities – wide coverage vs targeted markets
Risk tolerance – is the patent strong or at risk of revocation?
Litigation strategy – centralized enforcement vs diversified national rights
Long-term IP goals – portfolio growth, licensing, and/or enforcement

At Boult, we have advised clients of all sizes, across diverse industries, on which strategy best suits their needs. If you would like tailored advice, get in touch with one of our UPC representatives.

For more insights on common myths about the UPC and UPs see our article here.