Participating EU Member States
Whilst the Unitary Patent was originally intended to be a single pan-EU patent, and the UPC was likewise going to be a ‘one-stop shop’ forum for patent litigation in the EU, not all EU Member States are taking part in the regime.
At present, 17 EU Member States are participating, with Romania due to join shortly. Spain, Poland and Croatia are not participating and some Member States are yet to ratify the UPC Agreement. Member States yet to ratify (some of whom may not do so for some time) are: Cyprus, Czech Republic, Greece, Hungary, Ireland and Slovakia.
Once a Unitary Patent takes effect, its coverage cannot be extended subsequently if additional EU Member States join the Unitary Patent system.
Post-Brexit, the UK is not participating in the Unitary Patent/UPC project as it is no longer a Member State of the EU. However, the UK remains a member of the European Patent Convention (EPC) and classic European Patents can continue to designate the UK. Indeed, as one of the key European patent jurisdictions, patentees and patent challengers continue to look to the UK as a forum of importance for resolving patent disputes. The UK's absence from the UPC also creates some interesting strategic opportunities (as discussed in this article).