The unitary patent system will come into effect at the beginning of the 2023. It should provide a more accessible and cost-effective way for inventors to protect their inventions. However, to reap the full benefits of this system, we must ensure that we meet certain time limits to qualify for a unitary patent. We can help you with the process.

The first time a limit for getting a unitary patent occurs after the publication of the European patent grant. Based on EPO’s ‘Unitary Patent Guide’, the European patent proprietor has to formally request a unitary effect. They have to file it in writing. Also, they must file it no later than one month after the mention of the EP grant is published in the ‘European Patent Bulletin.’

It is important to note that this time the limit is non-extendable. If you miss this period, then only a re-establishment of rights is available as a recourse.

If you have filed a ‘request for unitary effect’ on time, the EPO will examine whether such requests comply with Rule 5(2) and Rule 6(2) of the UPR.

Requirements for any request for unitary effect:

• You must file the request in the language you used in the proceedings;
• It should contain particulars of the European patent’s proprietor. They are the individual or the company which submits the request.
• The number of the European patent that should receive the unitary effect;
• You must have an appointed representative;
• Also, the representative’s particulars.

In addition, you must provide a translation into English of the European patent, that is if you use French or German in the proceedings. If the proceedings are in English, then you have to do a full translation into any language of the EU regarding the specifications of the European patent. Finally, if your request meets these criteria, you will be allowed to register for ‘Unitary Patent Protection’.