The proprietor must file an express request for compensation to benefit from the scheme.
The request for compensation must be filed together with the request for unitary effect, i.e. no later than one month after the publication of the mention of the grant of the European patent in the European Patent Bulletin (Rule 9(1) UPR; see also Rule 6(1) UPR, section 2.2.1). It must contain a declaration that the proprietor and, if applicable, the initial applicant is a natural person or one of the entities as provided for in Rule 8(2) UPR.
All the optionsThe form provided by the EPO for filing the request for unitary effect (EPO Form 7000) includes a checkbox for simultaneously requesting the compensation and making the required declaration of eligible status, making it easy in practice to request compensation. If theA request for compensation which is not filed electronically or using the checkbox on the request form it must be filed in writing by another admissible means of filing and fulfil the requirements under Rule 20(2)(c) UPR in conjunction with Rule 50(2) and (3) EPC. which applies mutatis mutandis pursuant to Rule 20(2)(c) UPR.