On 31 May 2024, the Government of Romania (RO) deposited its instrument of ratification of the UPCA, which will take effect on 1 September 2024.

A Unitary Patent covers the territories of those participating Member States in which the UPCA has taken effect at the date of registration of unitary effect by the EPO. Hence, Unitary Patents registered as of the date of 1 September 2024 will cover the territory of 18 Member States.

The EPO has now announced that it will accept requests for a delay of the registration of unitary effect, in order to allow proprietors to benefit from the enlarged territorial scope covering Romania.

This is a welcome initiative that will make sense for most proprietors.

It is reminded that the request for unitary effect (with translation of the entire patent) must be filed with the EPO no later than one month after publication of the mention of grant of the European patent in the European Patent Bulletin.

Philippe Ocvirk | European patent attorney | UPC Representative

The unitary patent package is expected to go live in spring 2023. It is based on two pillars:

• a new unitary patent right known as the European patent with unitary effect (in short ‘Unitary Patent’), which is created by EU instruments; and
• a new court, the Unified patent court (UPC), which is competent for all European patents. 

Office Freylinger will regularly inform their clients and associates about this new system.

Click this link to read our notice on the Unitary Patent.

It is important for patent applicants and owners to get acquainted with the pros and cons of the new system.

Please contact your usual Freylinger attorney for any information on the UP system or to discuss your IP strategy.

Philippe Ocvirk