Romania joins the Unitary Patent System - where is this indicated in the Register?

Information displayed in the European Patent Register about Romania as the new Unitary Patent member state

Information displayed in the European Patent Register about Romania as the new Unitary Patent member state (second generation of Unitary Patents).

On 31 May 2024, one year after the Unitary Patent system was launched, Romania deposited its instrument of ratification of the Agreement on a Unified Patent Court (UPCA). This means that Romania joined the Unitary Patent system on 1 September 2024, i.e. on the first day of the fourth month after the deposit of the ratification instrument.

As of this date the Unitary Patent increased the scope of its protection to cover a total of 18 EU member states, including Romania, marking the launch of a second generation of Unitary Patents. However, this wider territorial coverage does not apply retroactively to Unitary Patents registered by the EPO prior to 1 September. In other words, the first generation of Unitary Patents does not extend to cover the territory of Romania.

The launch of the Unitary Patent system on 1 June 2023 marked the integration of the Unitary Patent Register - also known as the Register for Unitary Patent Protection - into the European Patent Register. As a result, users can now access Unitary Patent bibliographic, legal and procedural data information in the sections of the Register on the Unitary Patent (UP About this file, UP Event history, UP All documents) and the European procedure (EP About this file, EP Legal status, EP Federated register, EP Patent family).

As of 1 September, information on the second generation of Unitary Patents is featured in several sections of the UP and EP Register panel views:

Unitary Patent

UP About this file

• “Member States covered by Unitary Patent Protection”
  
  This section lists the participating member states covered by the unitary effect at the date of registration. Therefore, for Unitary Patents registered on or after 1 September 2024, Romania will be included in the list (see figure 1).
  
  Figure 1: Member States covered by Unitary Patent Protection including Romania

• “Supplementary Protection Certificate(s)”
  
  In addition to the information provided in the “INPADOC data” section of the “EP Legal status” view decisions of the Unified Patent Court (UPC) or national courts on the validity of SPCs or the extension of SPCs registered in Romania, together with their number, issuance and expiry date, will be also displayed in the “Supplementary Protection Certificate(s)” section for the second generation of Unitary Patents (see figure 2).
  
  Figure 2: “Supplementary Protection Certificate(s)” section including Romania - mock up

• “Proceedings before the Unified Patent Court”
  
  When the EPO receives information from the Unified Patent Court (UPC) on proceedings (actions, appeals and relevant decisions) related to supplementary protection certificates (SPCs) for countries covered by the Unitary Patent, including Romania, this information will be displayed in the “Proceedings before the Unified Patent Court” section, together with the date and purport of the decision taken by the UPC (see figure 3).
  
  
  Figure 3: Supplementary Protection Certificate(s)” section including Romania – mock-up

European procedure:

EP About this file

• “Lapses during opposition”
  
  If the Unitary Patent lapses during the opposition period or opposition proceedings, Romania will not be listed in the “Lapses during opposition” section with the corresponding date of lapse for the second generation of Unitary Patents. Instead, Romania will form part of the “Unitary Patent” lapse information provided (see figure 4).
  
  
  Figure 4: “Lapses during opposition” section, lapse of Romania included in the Unitary Patent - mock-up
   

EP Legal status

• “Designated contracting states”
  
  Countries covered by the Unitary Patent system are listed in the “Designated contracting states” section together with the rest of the designated contracting states. However, after the accession of Romania, “RO” will be listed in this section without the lapse date. The Unitary Patent entry with the blue icon, which links to the section “Member States covered by Unitary Patent Protection” in the “UP About this file” panel, will display the lapse date of the Unitary Patent including Romania (see figure 5).
  
  Figure 5: “Designated contracting states” section, Unitary Patent lapse date - mock-up

EP Federated register

• For the second generation of Unitary Patents, Romania will appear in the EP C0 section list of the “Member States covered by Unitary Patent Protection.” It will no longer feature in the common view table below (see figure 6).
  
  
  
  Figure 6: “EP Federated Register” panel view, Unitary Patent EP C0 section

Additional member states are expected to ratify the UPCA in the years ahead, giving rise to further generations of Unitary Patents, which will also be indicated in the Register. For an overview of the current situation regarding ratification, please see the website of the Council of the EU.

 
Keywords: Unitary Patent System, Unified Patent Court