Introduction

42A "Unitary Patent Protection Division" has been set up at the EPO as a special department to deal with Unitary Patents. It is responsible for all the EPO's additional tasks relating to Unitary Patents referred to in Article 9(1) Regulation (EU) No 1257/2012 and entrusted to it by the participating Member States under Rule 1(1) UPR (see OJ EPO 2022, A69). As to the format of oral proceedings before the Unitary Patent Protection Division, please see Supplementary publication 3, OJ EPO 2023.

43The EPO departments entrusted with the procedures laid down in the EPC, namely the search, examining and opposition divisions and the Boards of Appeal, will have no responsibilities in relation to Unitary Patents. In particular, actions against decisions of the Unitary Patent Protection Division must be brought before the Unified Patent Court (see Articles 32(1)(i) UPCA and Article 47(7) UPCA) and not before the EPO Boards of Appeal.