If the requirements under Rule 5(2) UPR are met (see 2.1) and the request for unitary effect complies with the formal requirements set out in Rule 6 UPR, the UPP Division will register the unitary effect in the UP Register (see 2.5).
If the time limit for filing the request for unitary effect under Rule 6(1) UPR and the requirements under Rule 5(2) UPR are met, but the request for unitary effect fails to comply with the requirements under Rule 6(2) UPR, the UPP Division will give the proprietor an opportunity to comply with the outstanding requirements within a non-extendable period of one month (Rule 7(3) UPR). Re‑establishment of rights in respect of this period is ruled out this new period cannot be requested and no other legal remedy is available (Rule 22(6) UPR). Where appropriate, the UPP Division will invite the proprietor to comment at least once in accordance with Rule 20(1) UPR in conjunction with Art. 113(1) EPC.
If the requirements under Rule 5(2) UPR are not met or the request for unitary effect was filed more than one month after the mention of the grant of the European patent in the European Patent Bulletin (Rule 6(1) UPR) and no request for re‑-establishment of rights was filed, or one was filed but rejected, the UPP Division will issue an intention to reject the request for unitary effect (Rule 7(2) UPR) and will invite the requester to comment at least once in accordance with Rule 20(1) UPR in conjunction with Art. 113(1) EPC, which applies mutatis mutandis pursuant to Rule 20(1) UPR.
If the request for unitary effect fails to comply with any other formal requirements, the UPP Division will give the requesterproprietor an opportunity to remedy the deficiencies. Where appropriate, the UPP Division will invite the proprietor to comment at least once in accordance with Rule 20(1) UPR in conjunction with Art. 113(1) EPC.
Incorrect or missing indications of optional entries in the request form (EPO Form 7000), such as the date of mention of the grant, will not result in a finding of deficiency.