Unitary Patent Guide

If the EPO has serious doubts about the correctness of the declaration filed with the request for compensation, e.g. on the basis of information received from a third party, it can review the grant of compensation and request that the beneficiary provide evidence that the eligibility criteria are met in proceedings under Articles 113(1) and 114 EPC (see Rule 10(3) UPR).

If, at the end of these proceedings, the EPO still believes that a false declaration has been made, it will inform the beneficiary under Rule 10(4) UPR that it has revised its decision to grant compensation and require payment of an additional fee with the next renewal fee for the Unitary Patent in question. This additional fee is composed of the amount of the compensation paid by the EPO, plus an administrative fee amounting to 50% of that compensation amount (see Article 4(2) RFeesUPP). If the additional fee is not paid in due time, the Unitary Patent will lapse under Rule 14 UPR.