The Unitary Patent and Serbia: What Companies Need to Know in 2026?
Introduction: A New Era of Patent Protection in Europe
Since 1 June 2023, the European Union has introduced the Unitary Patent – a system that has fundamentally transformed how companies and inventors protect their innovations across Europe. By early 2025, the European Patent Office (EPO) had registered over 75,000 patents with unitary effect, and more than 700 cases had been initiated before the new Unified Patent Court (UPC). In 2025, unitary effect was requested for 28.7% of all European patents granted – clearly demonstrating that this system is gaining significant momentum. For Serbian companies, understanding this system in 2026 has become a strategic imperative.
What Is the Unitary Patent and How Does It Work?
The Unitary Patent (UP) allows inventors to obtain patent protection in up to 25 EU Member States through a single request to the European Patent Office. This is a radical departure from the old system where each innovator had to separately validate a European patent in each country – with separate translations, fees, and administrative procedures.
The key advantages are as follows:
- One solution for 25 EU countries: a single request for unitary effect replaces validation in each state individually;
- A single renewal fee: paid directly to the EPO, equivalent to the combined renewal costs in the four largest EU countries;
- Centralised dispute resolution: before the Unified Patent Court, which has exclusive jurisdiction over new unitary patents.
Serbia’s Position: A Strategic Position Outside the EU
Serbia is not an EU member state and therefore cannot directly use the Unitary Patent as the owner of patents registered under Serbian law. However, Serbia is a signatory to the European Patent Convention (EPC), which means Serbian innovators and companies can file applications with the EPO.
Upon grant of a European patent, two options are available:
- Classic validation in Serbia: The European patent is validated before the Intellectual Property Office of the Republic of Serbia within 3 months of the publication date. Missing this deadline means losing rights in Serbia;
- Unitary effect for the EU + Serbian validation: For protection in the EU market, the Unitary Patent is used, while for the territory of Serbia, a separate validation is filed before the Serbian IPO. This combination is the optimal strategy for companies targeting both EU and domestic markets.
The key distinction: the Unitary Patent does not automatically cover Serbia. However, Serbian companies that innovate and target the EU market now have access to the most efficient patent protection in European history.
Practical Implications for Serbian Companies
Cost reduction: Instead of paying validation fees and translations in 10-15 EU countries, companies can now cover the entire EU market with a single fee structure. Savings can be significant for companies that previously renewed patents in more than five EU member states.
Faster enforcement: The UPC enables quicker provisional measures and centralised dispute resolution – particularly important in the IT, pharmaceutical, and engineering sectors. Instead of litigating in multiple countries, a single UPC judgment applies across the entire EU.
Portfolio strategy: Companies that already hold European patents are advised to analyse their existing portfolios and decide on the opt-out mechanism during the seven-year transitional period, which has been extended and expires in June 2030.
What You Should Do Now?
If your company holds or plans to file patent applications, we recommend the following steps: consult a specialised IP lawyer for an analysis of your portfolio in light of the new UPC rules; consider the strategy for future filings – whether the Unitary Patent is a better solution than the classic European bundle patent; verify the validation status of your existing patents in Serbia and renewal deadlines. Serbia is actively aligning its legislation with EU law as part of its EU accession process, making early positioning crucial.
Conclusion
The Unitary Patent is not merely an administrative reform – it is a structural change in Europe’s knowledge economy. For Serbian innovators, 2026 represents an ideal moment to position themselves correctly: to understand the new system, capitalise on the EU market, and build solid foundations for international protection of their inventions. Timely action and expert advice are the keys to a successful patent strategy.
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