Select Committee commends strong Unitary Patent uptake and SME engagement
In their meeting on 19 March 2026, the Select Committee of the Administrative Council of the EPO reviewed a variety of topics and welcomed the steadily increasing uptake of the Unitary Patent by patentees around the world, with European users leading the way.
Modernised governance measures adopted
The Select Committee unanimously adopted a second package of measures to align its governance with the latest standards in this area, following the first set of measures endorsed in October 2025.
Update by the Unified Patent Court (UPC)
The UPC Registrar reported on steadily increasing caseload at both the Court of First Instance and Court of Appeals, with English becoming the dominant language of proceedings. Thanks to the positive financial state of the Court, financing from Member States’ contributions was limited. The possibility for all EU Member States to become observers at the UPC Administrative Committee was underlined.
EPO's contribution to forthcoming European Commission report
The Select Committee noted the EPO’s presentation on its contribution to the European Commission’s forthcoming report on the operation of the regulations concerning the Unitary Patent, with certain figures updated since its publication in November 2025. It highlighted the smooth, efficient and highly successful implementation of the Unitary Patent across legal, operational and IT domains, noting that concerns about the system before its launch have proven to be unfounded. A representative of the European Commission commended the Office for the timely preparation and assured the Select Committee that the full report is well underway.
Unitary Patent operational report
The EPO presented the latest figures and developments related to its administration of the Unitary Patent system. Demand for Unitary Patents has remained high since the system launched on 1 June 2023, with more than 86 000 requests for unitary effect filed to date. All Unitary Patent requests continue to be processed smoothly and on time. Uptake reached 28.7% in 2025, driven mainly by European users, who account for around 60% of all requests. Among European Unitary Patent proprietors, more than 40% are small or medium-sized enterprises (SMEs) or micro entities, while nearly 7% are universities or public research institutions, underlining the Unitary Patent’s affordability and strong contribution to innovation across Europe.
The Court of Appeal of the UPC has recently confirmed the EPO’s established practice when assessing the requirements for registering unitary effect regarding designations, thereby reinforcing legal certainty for users (UPC CoA decision 08/2026 of 9 February 2026). It has also referred a legal question to the Court of Justice of the European Union (CJEU) for the first time. The Court asked the CJEU to further clarify the scope of the UPC's jurisdiction in the case of multiple defendants located in the EU, underscoring that it forms part of the EU's judicial co-operation framework (UPC CoA 789/2025 and 813/2025 of 6 March 2026).
The Select Committee endorsed the EPO’s efficient and comprehensive work in the framework of the Unitary Patent and praised the impressive results.
Financial performance
The Select Committee noted the quarterly budget implementation statements on income and expenditure relating to Unitary Patent protection for 2025, which showed financial performance to have exceeded expectations. The Committee also noted in closed session the reports on the distribution of fees among participating Member States for 2025.
Communication activities
Finally, the Select Committee noted the EPO’s presentation of the Unitary Patent-related promotional activities. Together with communication activities undertaken by the European Commission, the aim is to attract more EU Member States to join the Unitary Patent system.
The next meeting of the Select Committee will take place in October 2026.
