"The introduction of the unitary patent: preliminary analysis of users and trends" by Valerio Sterzi

Topic

This paper provides the first systematic analysis of the early take-up of the European Unitary Patent (UP), introduced in June 2023 as a new, cost-effective option for obtaining uniform post-grant protection across participating EU Member States. Using a cross-section dataset of more than 30K EPO applicants with at least one patent granted between June 2023 and May 2024, we examine how applicant characteristics, technological profiles, and historical patenting behavior shape the likelihood of requesting unitary effect. Results show that applicants traditionally validating in a large number of EU countries, as well as large firms, universities, PROs and NPEs, are significantly more likely to opt for the UP. By contrast, applicants from non-UP and non-EPO countries adopt it less. These patterns reflect cost incentives and strategic licensing motivations.