To qualify for the compensation scheme, the European patent application for which the Unitary Patent was granted must have been filed in an official language of the European Union other than English, French or German (Rule 8(1) UPR, see also Regulation (EU) No 1).
The compensation scheme applies not only to European patent applications filed at the EPO but also to Euro‑PCT applications originally filed at a PCT receiving Office (Art. 153 EPCArt. 153(2) EPC) in an official language of the European Union other than English, French or German (Rule 8(5) UPR).