If the request for compensation is submitted by the same entity as the one that filed the European patent application, the eligibility criteria must be fulfilled at the time of filing the European patent application (Art. 5 Regulation (EU) No 1260/2012; Recital 10 Regulation (EU) No 1260/2012).
If there are multiple proprietors, the compensation will be granted only if each proprietor fulfils the eligibility criteria (Rule 8(3) UPR).
Where the European patent application or the European patent was transferred before the request for unitary effect was filed, the compensation will be granted only if both the initial applicant and the new proprietor (in the latter's case, at the time of requesting compensation) fulfil the eligibility criteria (Rule 8(4) UPR).