European Patent Office
2. The request for unitary effect

2.2. Requirements

Overview

  • 1. General
  • 2. The request for unitary effect
  • 3. Fees
  • 4. Compensation scheme
  • 5. Re‑establishment of rights
  • 6. Interruption and resumption of proceedings, stay of registration proceedings
  • 7. Registration of changes of name and address, transfers, licences and other rights
  • 8. Proceedings before the UPP Division
  • 9. Alphabetical Keyword Index

    2.2.3.  Mandatory information to be provided in the request for unitary effect

    The request for unitary effect must contain the following information (Rule 6(2) UPR):

    (a) particulars of the proprietor of the European patent making the request as provided for in Rule 41(2)(c) EPC

    (b) the number of the European patent to which unitary effect is to be attributed

    (c) where the requester has appointed a representative, their particulars as provided for in Rule 41(2)(d) EPC.

    In the case of multiple proprietors, they all need to be listed in the request for unitary effect. However, they do not need to be listed in the same order as in the request for grant (EPO Form 1001) or in the European patent specification.

    The requester(s) must be identical to the proprietor(s) mentioned in the European Patent Register at the date of filing of the request for unitary effect or, at the latest, at the date of registration of unitary effect. The term "requester" covers the name, address and nationality of the proprietor, as well as the state in which their residence or principal place of business is located, as specified in Rule 6(2) UPR in conjunction with Rule 41(2)(c) EPC. A request received under Rule 22 or 85 EPC for a transfer of rights or a request for a change of name and/or address after the decision to grant the European patent is issued and the registration of the request for unitary effect is pending will be taken into consideration if the transfer or change of name and/or address concerns proprietors in respect of the participating Member States to which the unitary effect is to extend.

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