The unitary patent system will start on 1 June 2023
The unitary patent system will have a significant impact on the competitive environment for Finnish companies in Europe and their operational requirements in Finland. A genuine European single market is being created to protect and commercialise technology that is based on patents. The single market will bring both threats and opportunities for Finnish companies.
More affordable patent protection in Europe than before
A unitary patent is a more affordable option than the current European patent when an applicant wishes to gain a patent valid in four or more member states participating in the system.
The Unitary Patent (UP) will change the Patents Act and the patent system, and it has been in preparation for more than 40 years. When the system starts, it will be the first supranational patent system in the world.
From 1 June 2023, there will be 17 EU member states in the unitary patent system: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden. Further EU member states will gradually be included.
The operating environment for businesses in Finland will change
As patents confer the exclusive right to use them commercially, the increasing number of patents can limit companies' freedom of action in Finland. This will also increase the possibility of patent infringements, which should be considered even more carefully in the future.
About 5% of all granted European patents are validated in Finland. At present, there are just over 50,000 European patents and national patents valid in Finland. Along with the unitary patent system, the number of patents in Finland will increase substantially. An estimated 10–35% of European patents will be validated as unitary patents in the future.
Unified Patent Court (UPC) and opt-out
In the new system, disputes over unitary patents and classic European patents validated in the participating countries will be litigated in the new Unified Patent Court (UPC). The UPC will have central divisions in Paris and Munich. In addition, local divisions have been set up in most countries in the unitary patent system, such as Finland. The local division in Finland will be based at the Finnish Market Court. This allows disputes over unitary patents to be litigated in Helsinki.
However, patent holders will have the option to exclude their classic European patents from the scope of UPC litigation. In these situations, disputes will be litigated in the court of each country as they are today. This opt-out requires a notification to the UPC. The notification can be filed at any time within the seven-year transitional period. However, an opt-out notification cannot be filed if an action has already been brought before the UPC in respect of the patent.
For further information, please contact
Jorma Lehtonen, Customer Relations Manager
Patents and Trademarks
Finnish Patent and Registration Office (PRH)
Tel. +358 29 509 5904
jorma.lehtonen@prh.fi
Recording from our information event for SMEs
We organised an information event for SMEs in Finnish on Friday 26 May 2023. You can watch the recorded presentations here in Finnish.
Instructions and further information
Read more about the unitary patent on the European Patent Office (EPO) website.
Go to the Unified Patent Court (UPC) website.
Read more about the unitary patent and the Unified Patent Court on our website.
Unified Patent Court and its Local Division in Finland.
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