Towards a Universal Patent with Unitary Effect – The EU Unitary Patent’s Lessons

This article aims to contribute to the existing scholarship on the creation of an international patent system with a unitary effect. To this end, the article briefly examines the most successful attempt at patent harmonization and a patent with unitary effect in multiple jurisdictions – the European Union Unitary Patent Package (UPP). Recognizing the heightened interest in patents due to their crucial role in addressing sustainable development goals (SDGs) and fostering innovative solutions, the article highlights the growing acknowledgement of the necessity for globally recognized and enforceable patent protection to encourage innovation, investment, and technological partnerships beyond national boundaries. Proponents argue that a universal patent system would offer enhanced protection to patentees, stimulate innovation, and facilitate trade by streamlining the application process, increasing certainty, and reducing costs associated with maintaining patents in multiple jurisdictions. The article examines the challenges associated with implementing an international patent system, such as language considerations, disparities in development levels among participating countries, and the need to ensure accessibility and competence in patent administration, reviewing how the UPP addresses similar challenges. Nonetheless, while the UPP offers valuable insights into the feasibility and benefits of establishing an international patent system, the article concludes that significant hurdles remain on the path to achieving such a system.