Radka MacGregor Pelikánová, Ph.D., LL.M., MBA, Academic researcher and lecturer at Metropolitan University Prague, Dubečská 900/10, 100 00 Prague 10, Czech Republic, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Martin Hála, CSc., Academic researcher and lecturer at Metropolitan University Prague, Dubečská 900/10, 100 00 Prague 10, Czech Republic, e-mail: martin.háThis email address is being protected from spambots. You need JavaScript enabled to view it.
Marek Beneš, Academic researcher and lecturer at Metropolitan University Prague, Dubečská 900/10, 100 00 Prague 10, Czech Republic, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Abstract

PURPOSE: The EU supports competitiveness and sustainability via innovations by the patent protection of inventions. On 1st June 2023, the EU launched the Unitary Patent System (UPS) with the Unitary Patent as a universal innovation protection tool. The data regarding its first 20 months of operations offers indices about innovation and patenting trends. METHODOLOGY: The contextual exploration of the UPS was projected into four aims addressing the absolute and relative numbers of Unitary Patents (A1) and the relationship between Unitary Patents and GDP per capita (A2) and GERD (A3) and comparatively juxtaposing them (A4). This deeper contextual understanding of Unitary Patenting dynamic entails EU member states and their top four competitors (China, Japan, South Korea, USA). The data regarding the GDP, GDP per capita, GERD, number of Unitary Patents in total and per millions of inhabitants was collected and visualized via tables and charts, and submitted to a critical comparison. FINDINGS: The first 20 months of the UPS operations suggests that the Unitary Patent is a viable, but not the most popular, patenting option, and that there is a positive impact on the GDP per capita and GERD for the majority of the EU member states and that there are differences between EU member states in their efficiency to generate Unitary Patents. IMPLICATIONS: The performed study confirms the parallel co-existence of various patenting strategies and the importance of investments in patented inventions. However, the size of GDP per capita followed by GERD is a mere pre-requirement that leads to diversified efficiency (even among similar jurisdictions with at least an average GDP per capita and GERD. Arguably, the UPS magnifies the differences, and the six original European integration jurisdictions are not the best UPS players. There are indices about positive trends for Northern EU member states and negative trends for Southern EU member states. ORIGINALITY AND VALUE: This is a pioneering contribution regarding a newly launched system showing that, despite the same regime, EU member states differ dramatically in their approach to patenting and that the level of GDP per capita and GERD are just the starting points.

Keywords: Unitary Patent System, EU member states, GDP, gross domestic expenditure on research and development (GERD), GERD per GDP (GERD Index), innovation, sustainability, economic resources, patent protection