Measures supporting access to the Unitary Patent

14.02.2022

The EPO has decided to introduce two measures to support access to the Unitary Patent.



The first measure will allow applicants to file early requests for unitary effect before the start of the Unitary Patent system so that the EPO can register unitary effect as from the start of the system.

The EPO will allow early requests for unitary effect from the date on which Germany deposits its instrument of ratification of the UPCA.

Such early requests for unitary effect will only be accepted for European patent applications for which a notification under Rule 71(3) EPC has been sent.

The second measure will allow to delay issuance of the decision to grant of a European patent until the entry into force of Regulation (EU) No 1257/2012.

Under this second measure, the applicant will have the possibility to delay issuance of the decision to grant of a European patent after receiving the notification under Rule 71(3) EPC and before approval on the text in which it is contemplated to grant the European patent.

The EPO will allow requests for delay of the decision to grant from the date on which Germany deposits its instrument of ratification of the UPCA.

See the EPO press release here