If the requirements under Rule 5(2) UPR are not met, the UPP Division, after duly considering any comments filed in time, will take a final decision to reject the request for unitary effect once the period for filing comments on the intention to reject has expired (Rule 7(2) UPR).
If the requirements under Rule 6(1) UPR are not met, the UPP Division, after duly considering any comments filed in time, will also take a final decision to reject the request for unitary effect once the period for filing comments on the intention to reject has expired, provided that no request for re‑establishment of rights has been filed (see 5) or that any request for re‑establishment of rights filed has been rejected (Rule 7(2) UPR).
The UPP Division will also take a final decision to rejecting the request for unitary effect if the outstanding formal requirements under Rule 6(2) UPR are not (duly) remedied or are not remedied were not remedied within the non‑extendable period of one month (Rule 7(3) UPR). This will be done, where appropriate, after duly considering any comments filed in time (Rule 7(3) UPR), once the period for filing comments under Art. 113(1) EPC has expired. Compliance with the time limit under Rule 7(3) UPR is mandatory and is not subject to re‑establishment of rights (UPC_CoA_796/2025, point 23 of the Reasons).
Where a request for unitary effect is rejected by either the EPO or the UPC or where the unitary effect is revoked by the UPC after expiry of the deadlines for validating the European patent, a the safety net mechanism may provide the possibility to validate the European patent in one or more of the relevant participating Member States. Information on the safety net of the relevant participating Member States can be found in chapter II of National measures relating to the Unitary Patent.