4.3.2.  Rejection of the request for compensation

The request for compensation will be rejected where:

- no unitary effect has been registered or the request was validly withdrawn

- the proprietor of the Unitary Patent has their residence or principal place of business in a state that is not an EU Member State

- both the proprietor of the Unitary Patent and/or the initial applicant had their residence or principal place of business in a state which is not an EU Member State in cases where the European patent application or the European patent was transferred before the request for unitary effect was filed

- the initial applicant(s) had their principal place of business in a state which is not a member of the EU

- the proprietor of the Unitary Patent has their place of business in a state that is not a member state of the EU

- the European patent application/Euro‑PCT application was originally filed in English, French or German

- the European patent application/Euro‑PCT application was originally filed in a language (other than English, French or German) which is not an official language of the EU or

- the proprietor and/or, where applicable, the initial applicant do not fall within one of the categories provided for in Rule 8(2) UPR.

If any of the deficiencies mentioned above are identified in the request, the proprietor will be notified through a communication concerning Rule 10(1) UPR (EPO Form 7040A). They will be invited to provide comments and/or supporting evidence within a time limit to be specified.

If the request for compensation is not withdrawn or if no satisfying evidence or comments are received, a decision to reject the request for compensation will be issued by the UPP Division. An action against such a decision can be lodged before the UPC (Rules 87 to 88 RoP UPCRules 87 RoP UPC et seq.; see 2.6).