A new UPUnitary Patent generation is created when the UPCA enters into force in a new EU Member State participating in enhanced cooperation after the launch of the Unitary Patent system (see 1.5.1). In practice, this means that the territorial scope of a Unitary PatentsPatent may differ depending depends on the Member States comprised in the latest Unitary Patent generation on when unitary effect is registered. When a new Unitary Patent generation takes effect, the territorial scope of existing Unitary Patents will not extend to the territory of the newly acceded participating Member State.
Romania's instrument of ratification of the UPCA was deposited on 31 May 2024 and took effect three months later. As a result, Romania acceded to the Unitary Patent system on 1 September 2024. Thus, Unitary Patents registered on or after 1 September 2024 cover 18 states, namely the original 17 states (see 1.5.1) plus Romania, and constitute the second generation of Unitary Patents.
The EPO allows patent proprietors to request a delay of the registration of unitary effect whenever an additional participating Member State has ratified and is due to accede to the UPCA. Such a delay can be requested up until the new ratification or accession takes effect. In such cases, the territorial scope of the Unitary Patent will then extend to the new participating Member State(s) as well. The EPO informs users about such a possibility and the applicable conditions in a dedicated notice published in the Official Journal, as in the case of Romania when it was announced that it would join the Unitary Patent system on 1 September 2024 (OJ EPO 2024, A61). The filing of a request to delay registration does not remove the requirement to meet the one-month time limit for requesting unitary effect (see 2.2.1).