Unitary patents and microenterprise status in offshore wind

Learn more about unitary patents from our member Bryn Aarflot AS, who are experts on IP.

What is a European patent? 

A European patent grants the proprietor exclusive rights to exploit the invention in up to 38 European countries with a single application. Recently, it has become even cheaper to apply for and obtain a European patent. Once a European patent is granted, it can be validated as a unitary patent, which provides protection in a large number of EU countries.

 

What is a unitary patent? 

A unitary patent is a new arrangement for validating a European patent. The unitary patent currently applies to 18 EU countries.

The unitary patent offers a simple and cost-effective patent protection for a large part of the EU, instead of having to validate the EP patent in each individual member country. For the time being, the unitary patent does not apply to, among others, Norway, the United Kingdom, Spain, and Iceland. Norwegian patent holders can use the unitary patent in the same way as EU citizens. The cost of validating the patent as a unitary patent is lower than for four member countries when compared to validating the patent in the traditional way.

 

What is the EU's Unified Patent Court? 

The EU’s Unified Patent Court (UPC) is a new court that handles disputes related to unitary patents and existing European patents validated in at least one of the EU countries that have ratified the scheme. The Unified Patent Court (UPC) will be the only judicial body that can handle such cases. Norwegian patent holders with unitary patents or European patents can use the UPC in the same way as EU entities. Norwegian entities can also file invalidity lawsuits against unitary patents or European patents at the court.

 

Save 50% on patents – good news for small companies 

In addition to the savings that can be achieved by choosing a unitary patent, small businesses can now save 50% on the official fees to the European Patent Office (EPO).

 

Microenterprise status at the EPO 

In 2024, the EPO implemented a new applicant category called “microenterprise status,” which provides applicants who meet certain conditions the opportunity to benefit from discounted official fees. By distinguishing this category from existing arrangments for small entities, the EPO aims to make patent protection more cost-effective.

 

Who can qualify?

Microenterprises: 

  • Businesses that employ fewer than 10 people and have an annual turnover not exceeding 2 million euros. 
  • Individuals: Applications where the inventor alone is registered as the applicant. 
  • Non-profit organizations, universities, or public research institutions.

Questions?

NOW

Hilde Øygarden

Supply Chain & Membership Manager, NOW
Phone number
+47 92 80 99 33
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