Bulgaria’s accession to the Unitary Patent system marks a decisive milestone in the unification of innovation protection across Europe. This newly integrated territory expands the geographical reach of the unitary system and strengthens the legal consistency offered by the Unified Patent Court (UPC).

Behind this discreet move lies a powerful signal: the Unitary Patent is emerging as a strategic tool for innovative companies particularly those in high-tech sectors. In this article, we examine the legal, economic, and strategic implications of Bulgaria’s accession, the key updates from 2025, and what this means for right holders.

 

 Strategic implications of Bulgaria’s accession to the unitary patent

1.1. A European step forward for patent harmonization

As of June 1, 2023, Bulgaria officially joined the group of EU Member States participating in both the Unitary Patent and the Unified Patent Court (UPC). This integration represents a meaningful expansion of the European innovation protection framework.

1.2. Territorial expansion of unitary protection

The integration of Bulgaria into the unitary patent system now allows right holders to benefit from uniform legal protection across 18 participating EU Member States, without the need for national validation procedures in that country. The unitary patent is a single title granted by the European Patent Office (EPO) that produces the same legal effects in all participating states. This system is accompanied by the exclusive jurisdiction of the Unified Patent Court (UPC), a specialized court responsible for handling infringement and revocation actions in a centralized and consistent manner across Europe. Bulgaria’s accession further strengthens the attractiveness and efficiency of this pan-European framework.

1.3. Economic and administrative benefits for filers

Bulgarian inventors and businesses now benefit from:

  • A single application process
  • No translation or national validation fees
  • Centralised renewal management
  • A specialised judiciary

This results in lower costs and increased accessibility for small and mid-sized entities.

 

 2025 Snapshot: Growth of the system and national adoption

2.1. Key figures – First half of 2025 (European commission)

  • 48,000+ unitary patents granted
  • Over 700 cases filed before the UPC, including Bulgarian-related disputes
  • 57% of unitary effect requests originated from SMEs or universities

These metrics illustrate the growing adoption and success of the system among diverse stakeholders.

2.2. Capacity building and local integration

The Bulgarian patent office has strengthened collaboration with the European patent office (EPO) and invested in training judges to handle UPC-related litigation. Bulgarian parties have already appeared in both local and central divisions of the UPC, showcasing their proactive integration.

 What Bulgaria’s accession reveals about the system’s effectiveness

Bulgaria’s decision reinforces the view that the Unitary Patent system is meeting the expectations of its stakeholders.

Legal efficiency through centralised litigation

  • Less legal fragmentation
  • Enforceable decisions across 18 jurisdictions
  • Streamlined procedures before the UPC

Attractiveness for innovation-driven sectors

  • Widely adopted by companies in biotech, AI, and medical devices
  • Increased certainty and value for patent portfolios

Administrative simplification for rights holders

  • Fewer formalities
  • Reduced translation obligations
  • Competitive cost structure that benefits SMEs and research institutions

 

In essence, Bulgaria’s accession validates the strategic relevance and legal maturity of the Unitary Patent system.

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Future perspectives for the unitary system by 2026–2030

Bulgaria’s accession can be seen as a positive signal for the potential expansion of the unitary patent system to other EU Member States that have not yet joined (such as Spain, Croatia or Ireland). The Bulgarian experience may serve as a model to overcome existing reservations by demonstrating the concrete benefits of integration: enhanced legal certainty, simplified procedures for applicants, and greater clarity in the applicable legal framework.

Moreover, the potential extension of the Unified Patent Court’s jurisdiction to cover disputes relating to licences or co-ownership could be the subject of future discussions, with a view to further centralizing litigation and harmonizing substantive patent law across Europe.

Conclusion

Bulgaria’s entry into the unitary patent system confirms the success of this landmark European reform. It enhances territorial coverage, legal predictability, and judicial coherence for both EU and international businesses.

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Nathalie Dreyfus with the assistance of the entire Dreyfus team.