Does the Register for unitary patent protection display any information about the applicant's residence/principal place of business and place of business on the date of filing the European patent application within the meaning of Article 7 Regulation (EU)

Article 7(1) Regulation (EU) No 1257/2012 ("Treating a European patent with unitary effect as a national patent") states:

"a European patent with unitary effect as an object of property shall be treated in its entirety and in all the participating Member States as a national patent of the participating Member State in which that patent has unitary effect and in which, according to the European Patent Register:

(a) the applicant had his residence or principal place of business on the date of filing of the application for the European patent; or

(b) where point (a) does not apply, the applicant had a place of business on the date of filing of the application for the European patent."

1. Regarding the residence or principal place of business on the date of filing (Article 7(1)(a) Regulation No 1257/2012) indicated in the Register for unitary patent protection (Rule 16(1)(x) UPR):

The request for grant of a European patent is to be filed using a form drawn up by the European Patent Office (EPO Form 1001, see Rule 41(1) EPC). For international applications under the PCT, the request must be made using Form PCT/RO/101 (see Rule 3.1 PCT). Whereas EPO Form 1001 requires applicants to indicate their residence or principal place of business (see Rule 41(2)(c) EPC), Form PCT/RO/101 requires them to indicate their residence (see Rule 4.5(c) PCT). In order to display the residence or principal place of business on the date of filing in the Register for unitary patent protection, the EPO provides a link to EPO Form 1001 in the case of a European patent application and a link to Form PCT/RO/101 in the case of a Euro-PCT application.

2. Regarding a place of business on the date of filing (Article 7(1)(b) Regulation No 1257/2012) indicated in the Register for unitary patent protection (Rule 16(1)(w) UPR):

A place of business on the date of filing the European patent application within the meaning of Article 7(1)(b) Regulation (EU) No 1257/2012 (see Rule 16(1)(w) UPR) can be voluntarily indicated together with the request for unitary effect.

It can prove useful to have an entry in the Register for unitary patent protection (which is an integral part of the European Patent Register) showing "a place of business on the date of filing" (see Rule 16(1)(w) UPR) in cases where an applicant, when filing a European patent application or international application under the PCT designating or electing the EPO (Euro-PCT application), did not have a residence or principal place of business in one of the participating Member States within the meaning of Article 7(1)(a) Regulation (EU) No 1257/2012, for example where this residence or principal place of business was in the United States of America or Switzerland (see Rule 16(1)(x) UPR).

Providing information on such a "place of business on the date of filing" is voluntary. However, it can only be provided together with the request for unitary effect (Rule 16(1)(w) UPR). If, in the case described above, no information concerning such a place of business is provided together with the request, German law applies with regard to the treatment of the European patent with unitary effect as an object of property pursuant to Article 7(3) Regulation (EU) No 1257/2012.

Please see also the Unitary Patent Guide.