Romania joins the Unitary Patent System

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